Omaha daily bee., 1910-05-17
COMMERCE COURT
RETAINED In BILL
Provision Kept in Railroad Measure
by Senate is Victory of
Regulars
CUMMINs MOTION TURNED DOWN
Iowan's Attempt to Strike Item Out
Loses 81 to 20.
IS TRIUMPH FOR REPUBLICANS
Regarded as Fruit of Efforts to
solidify Administration.
BACoN's AMENDMENT LOSES OUT
GcorRiAn's Proposal TO Have United
states Circuit Courts Act ON
Commerce Cases Proves
Not Popular.
Iowan's Attempt to Strike Item Out
Loses 81 to 20.
IS TRIUMPH FOR REPUBLICANS
Regarded as Fruit of Efforts to
Solidify Administration.
BACoN's AMENDMENT LOSES OUT

WASHINGTON, May lG-Whatsoever
may be the fate of the other provisions Of
the railroad bill the proposal to establish
court Of commerce will be retained, the
senate today taking affirmative action in
that direction, the house previously had
done. The vote was obtained on a motion
by Senator Cummlns to strike out the en-
tire six sections providing for the establish
ment of the court, the result being i'm the
negative rs to 81.
The entire negative vote was cast by re-
publicans. although eight republicans voted
With the democrats in support of the mo-
lion. The affirmative republican votes
were cast only, except i'm the instances of
Senators Borah and rawford, by the most
pronounced OF the Insurgents" Messrs
Beveridge, Bristow, Clapp. Cummins Doll
yer and LaF'ollette
The action was a distinct triumph for
The regular republican organization and was
the first fruit of recent efforts to solldfy
the administration forces so as to insure
the carrying out OF the administration
program.
Following this action, Mr. Bacon pre-
scented an amendment substituting the
United States circuit courts for the court
of commerce in the trial of commerce
cases, but it was voted down without di-
vision. A negative fate also met met an
amendment by Mr.. ummins reducing the
membership Of the court from five to three
Following these votes Mr.. Cummins Of
'ered amendments modifying his substitute
tor the stock and mond provisions and sub
shutting for the United States the Inter-
state Commerce commission as defendant
in cases in the court of commerce in
volving orders OF the commission Neither
was disposed OF during the day.
During the debate Mr. Clapp said ne
found in the court provision a tendency
toward Capitalization and congratuIating
the country upon the work done already in
eliminating the original bill appealed to
the senate TO continue that work. y.
declaring that If senators should vote
their 0Jnest convictions the court section
would be voted out, Mr.. Bacon said he
would rather lose his right arm than be
responsible for so radical change in the
judiciary as this bill contemplated
Proceedings Taken w.
The railroad bin was taken up at 1880
o'clock and Seantor Cummns proposed an
amendment striking out the court of COM
merce provisions. He called attention to
the fact that the merger section of the
make business for the commerce court had
gone down under such a volume of crlti-
cism and disapprobation as would render
its temperance out of the question"
Therefore congress was providing a new
court of five judges to try cases at the
rate of Seven year, he added. Commenting
on this as an unwarranted act OF extrava-
gance, Mr.. Cummins declared he could not
understand the "insensibity of the men
who were willing to squander the public
'unds."
Mr. Cummins also found fault with the
possibility that court devoted to railroad
cases might be subjected to especial crlti-
csm and tempettion,
we are inviting the danger that always
Has been apprehended with respect to spe-
,.alized tribunals" he said.
Senator Bacon, I'm strong language, uues
/. Eioned the unfortunate innovation in oul
" Judiciary system" lie thought the chang,
20 be fraught with many risks Mr. Boral
criticized the court as unnecessary, be.
cause of the small volume of business tC
be done.
~ Every court of the kind that has beer
created has drifted down into a servil,
ool,'' he asserted.
a motion Senator Cummlns that tn,
senate strike az Of the railroad bill tn,
six sections to create court Of commerc,
was defeated. The vote on the Cummin
amendment was rs ayes, 81 noes.