The Washington times., 1910-03-03
CumminS and Clapp Point
Out Alleged Defects
In Measure.
SAY NEW WEAPONS
ARE GIVEN CARRIERS
Friends of Proposed Law Hold
President Responsible for
Its Provisions.
By John SNuRE.

DeclaFlnB the Administration railroad
bin, as reported by the Senate Com
mittee on Interstate Commerce. is not
an advance in the regulation OF inter-
state commerce, but "a long step back
ward. Senators Cummins and Clapp to-
day submitted the minority report on
the bill 70 the Senate.
They admit the bill has some excel
lent provisions. and they 90 not oppose
It as a whole. They recommend its
passage. but with certain important
amendments
Condemnation OF various important
features Of the bill is uttered in plain
terms by Senators Cummins and Clapp.
They declare the effect Of the bill. Il
it becomes a law as IL has come from
committee. viii be TO seriously i'm
pair the efficiency OF existing statutes.
II furnishes common carriers new
weapons. and Z weakens rather than
Gtrengtheus those heretofore given the
people Tor their defense" says the min-
GRITTY report
Basis for InsuTgent Action.
Not alone for the objections that u
orers 10 the bill IS the minority report
important Il is recognized that. the in
surgents in the Senate and IN the House
VIII take This report as a basis. anC
VIII make a bitter fight 10 compel the
amendment OF the bill
More than this, the minority report
has a political Importance. The Ad-
ministratlon and the Senate and House
leaders have decided 10 unite 10 press
this measure through. and 70 oppose
efforts 10 amend coming from insurgent
sources. The Senate and Iouse leaders
are throwing ne whole responsibility
fo- the BIN on The President In ease
the insurgents make a. appear 10 the
country the bin is detective, the Senate
and House leaders VIII be In position
% say that his IS not up 70 them. but
is Up 20 the Administration.
The chief objections made by Senators
CUmmins ana Clapp are 10 these fea-
tures OF the fill.
Points Of Objection.
To the interstate commerce court
To the fact the review power OF the
interstate commerce court IS probably
broader than that now possessed BY the
circuit courts. and that with the inter
state commerce court exercising such
broader review power over orders Of
the Interstate Commerce Commission.
thar body would be weakened
To the provision that the Interstate
Commerce Comission defend its orders
when they are carried 70 the courts, but
must leave such defense 10 the Depart
ment Of Justice.
To the provisions that repeal the anti
trust laws as 70 traffic agreements be
tween railroads and allow such agree
menJs without supervision by the Inter
state Commerce ComlssiOn-
To weaknesses in the provisions
against combination and consolidation
Of competing lines.
To the provision that would allow the
interstate commerce court TO pass in
way merger and allow the court in so
doing 20 go outside the Sherman anti
trust law
To defects in the capitalization fea-
lures OF the mC1sUre.
Other Objections Are Made.
These are the chief objections made
10 the bill, though not all Of them. Il
is known that others, which are not
set forth in the minority report, Will
be brought out on the floor.
The objections 20 the interstate com
merce court are that 1t is wholly IN
necessary. But Senators Cummins and
Clapp hold that If such a court is 10
be established, then il becomes OF the
first Importance to prescribe with ac-
curacy tire jurisdiction which the new
court is to exercise. They urge that an
amendment be put into TIE bin which
viii specifically limit the Il risdfctiCn Of
the interstate commerce court to thar
now possessed by the circui- courts.
In this connection. they 20 over the
devt lopments in committee with respect
10 fhe review power OF the prODose6
court; they recount the e ct fbat fbe
Interstate Commerce Commission want
cd the jurisdiction expressly limited 10
that Of the circuit courts: they recall
that Attorney General Wiclersham
such limitation; and that finally. he
withdrew his amendment This is the
amendment which Senator AIdrich re-
fused to allow to 30 in the bin.
May Retry Old Cases.
Senators CCImmins and Clamp saw
that If the bill passes, It will be with
the understanding that the carriers viii
contend that the law has beer. changed.
and that the court of commerce viii
be invested with the jurisdiction 20 prac-
tically retry, upon the merits, cases
that have been decided by the commits
sion"
The most Objectionable and harmful
feature Of the bill under consideration"
says the minority report. lis found in
the departure from the existing method
Of defending suits brought by common
carriers 10 set aside, annul. enjoin or
suspend the orders and requirements of
the commission
This is an allusion TO the fact the
ion bill viii not allow the
commission to defend its own orders
when they are carried to the courts
but viii have TO depend on the Depart-
ment Of Justice for defense. Senators
Cummins and Clapp declare that this
policy would deprive the people Of the