Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-06-02
Senate Makes Good Pro-
gress With Measure.
Adopts Some Amendments and
Casts Aside Others.
House Discusses New Civil Govern.
ment for Porto Rico.

" lolI, julie I.-by Il vote OF ~
to 81, the Senate today refused to
challenge the supreme court of the
United States to another decision re-
gardng the right of common carriers to
transport commodities produced by
themselves.
The vote was taken upon an amend
ment to the railroad bill offered by
Senator Bailey of Texas, making it
unlawful for any railroad company to
transport from one state to another
ANY article or commodity manufac-
tured, mined or produced by it or un-
der its authority or by any corporation,
Joint stock company or partnership in
which said railroad company holds.
owns. or controls directly or indirect
ly any stock of interest"
The amendment was intended to rem
edy the supposed defect in the COM
modities clause of the Hepburn Act of
1906, out of which grew the famous de-
cision of the supreme court of the
United States in which the government
undertook to prosecute a number of
the roads engaged in the mining OF
anthracite coal in Pennsylvania. The
court held the law to be constitutional
but materially limited it's application.
The original provision was drawn by
Senator Bailey and he sought by to-
days amendment to force the court
to face squarely the right of Congress
to prohibit railroad companies from
transporting commodities produced by
Themselves In good-natured manner,
but with pointed language he criticized
me cour. and said that it was his in
tention to make the language Of the
present provision so plain that mot
even u judge of the supreme court
could fail to understand it," The
amendment was offered towards the
close of the session and attracted much
attention. 1t followed busy day dur
ing which several amendments were
acted upon. most of them favorably.
The time consumed in debate on the
bail amendment prevented a final vote
being taken on the bill as had been
hoped.
The first vote of the day was on the
La Toilette amendment providing for
entertainment of the physical valua-
ton of all railroad property as a basis
for the liking cf rates The amend
ment was defeated 25 to 30. A modi-
fed amendment by Simmons requiring
such valuation of property affected by
any given case also was lost, 2s to 30.
The tendency towards bringing wa
ter transportation under the jurisdic-
ton of the Interstate Commerce Com
mission found expression in two
amendments, one offered by Senator
simmons OF North Carolina and the
other hv Senator Burton of Ohio, both
of which found acceptance
The first was presented as a pro-
viso in the long and short-haul provi-
sion, heretofore adopted. 1t provides
that Wien application is made to the
commission by the carrier to fix a
lower rate for a longer than for q
shorter distance. on account of water
competitions, said application shall not
be granted if the commission after in
veetieating shall find that the low
or rate asked for will destroy water
competition
Elkins. in charge of the bill said that
he would accept the provision, never
theess the roll was called. resulting So
to |. The solitary negative vote was
cast by Senator Frye.
Mr.. Elkins also accepted an amend
ment offered by Senator Shiveley, as
he did a second amendment suggested
by Senator Burton. The Shiveley pro-
vision authorizes suits for damage
growing out Of the failure of railroad
companies to supply a written state
ment of the rate for carrying a given
shipment from one place to another.
Notwithstanding the provision of the
bill awarding a penalty of $3.50 for such
failure. The Burton amendment i'm
poses on carriers a penalty of $4,000
for eliciting and divulging information
concerning the character or destina-
ton of a given shipment.
AS in the case OF the vote on the La
Toilette physical valuation amendment
all of the negative votes on the Bailey
amendment were cast by Regular"
Republicans. Four Democrats and IL
Republicans voted for the Bailey
amendment. After the defeat Of the
Bailey amendment, Crawford intro
duced a similar provision so modified
as to permit a railroad company to
transport articles of it's own production
after they have been disposed OF for
80 days by bona fide sales. This amend
ment was pending when the Senate
adjourned.