The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1910-04-05

administration railway bill in the senate
were offered yesterday by Chairman FL
kins, OF the Interstate Commerce Com
mittee. The proposed amendments have
the approval Of a majority Of the com
mittee. The three amendments are IN
the nature OF concessions TO the oppo-
nents of the bill
One of the amendments inserts the
words subject to the approval OF the
Interstate Commerce Commission" tn
line 2, page H. OF section Z. which will
have the effect of requiring the approval
of the commission TO every traffic agree
ment before Il Will be effective. The
pending bin only required the filing Of
such an agreement with the commission.
Another of the proposed amendments
by Mr.. Elkins knocks out the conclud-
ing sentence OF section y. which section
generally authorized the acquisition by
one railroad Of another road provided
the acquiring road owns not less than 50
per cent of the stock Of a road TO be
acquired. subject TO the approval OF the
court Of commerce.
Words Stricken Out.
The words proposed 70 be stricken out
are in the proviso, and are as follows:
IN making the determination herein
provided for. the court shall take into
consideration the effect of such proposed
acquisition upon the due observance and
effective enforcement of all the laws OF
the United States and the relative i'm
portance Of any benefit 10 the public in
terest and OF any effect upon competition
resulting from such acquisition
The third amendment inserts in the
same section the word lawful as quail
flying the word owns" 10 make it in
cumbent upon the road seeking 70 &C
quire another road that It shall law
fully" own not less than so per cent Of
the stock OF the road TO be acquired.
In a speech in favor of the bin Senator
Crawford. OF South Dakota. expressed
the opinion that the court Of commerce
provision would not be justified unless 1t
is given Jurisdiction over cases to annul
orders by the boards Of railway commits
sioners Of the several States, which are
now brought in the Circuit courts Of the
United States IN cases where II Is claimed
such orders are conhscatory. An amend
ment giving this increased Jurisdiction 10
the court was offered by the Senator
from South Dakota. who declared that It
would materially increase the number OF
cases heard and add greatly TO the use
fuIness OF the new court.
The practice OF railroads and State Off
GERS rushing 10 the courts in litigation TO
enjoin the enforcement Of a State statute
was characterized by Senator Crawford
as ''disgraeeful and unseemly."
Important Cases Brought.
Many cases OF great Importance are
now brought in the circuit courts Of the
United States" Senator Crawford said,
ito enjoin the enforcement OF statutes OF
States and TO annul orders made by State
boards of railroad commissioners fixing
maximum rates for interstate traffic /
am informed BY the attorney general OF
South Dakota that over twenty cases are
pending against the officers OF that state
In fhe Circuit Court of the United States
to enioin the enforcement Of statutes and
to annul orders claimed to be conhsca-
tory in their effect.
Numerous actions Of similar char
acter. I understand are pending IN the
Federal courts in North Carolina, Ala
bama. and other States. Unseemly and
scrambles occur in a race
between the contending parties when one
side attempts TO invoke the aid OF the
State courts TO enforce the statute Of the
State. while the other attempts 10 invoke
the aid Of a Federal court to enjoin such
priority OF time in com
mencing the suit determining which court
shall retain Jurisdiction over the subject
matter
Contest in south Dakota.
'In a recent contest. which is still
pending between several railroad COM
panies and the officers OF South Dakota,
the f1ling Of the suits in the circuit courts
OF the United States by the railroads to
enjoin the officers from enforcing the
statute Of the State preceded the fling
Of suit by the attorney general Of the
State to enjoin the railroads from violat-
ing the same statute by only an hour or
two both suits having been commenced
before the signature Of the governor ap-
proving the bill was dry. This arouses
bitter feeling and resentment on the part
of the people Of the State against the
Federal court, because they feel that by
a trick their own courts are deprived of
Jurisdiction TO pass upon the validity
Of one of their own laws"
An effort TO fix date for vote on the
bill was made after Senator Crawford
had finished his speech, but it failed
To Prohibit Vulgar Pfcfures