Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-04-24
LETS OUT RAILROADS
Borah's Opinion of Admins
tration Measure.
ANTITRUST LAW SET ASIDE
Elkins Defends Crawford Amend
ment From Attack.
SENATOR BAILEY ANSWERS HIM
Ball Game Responsible for Adjourn
ment of Session-No Quorum
on Floor.
ANTITRUST LAW SET ASIDE
SENATOR BAILEY ANSWERS HID


operations of the Sherman antitrust law
is provided in the traffic agreement Sec
ton proposed to be inserted in the ad-
ministration railroad bill by its hackers
in the Senate. according to the charge
made by Senator Borah in the Senate
yesterday afternoon.
Several lively Tits between regular and
insurgent republicans characterized the
discussion of the bill during yesterday
afternoons session. although Senator
Borah nominally had the floor during the
afternoon.
Senator Elkins defended the bill and the
Crawford amendment. which has been
accepted by the friends of the bill,
against the attacks by Senator Borah.
Once, Senator Cummins admitted that his
substitute for the Crawford amendment
took railroad traffic agreements out from
under the operations Of the Sherman law,
but claims that he privided a proper
substitute safeguard by clearly stating
that the traffic agreements are not to
become effective until they are approved
by the interstate commerce commission.
Bailey Tits With Elkins.
There are plenty of limitations in this
BILL" retorted Senator Elkins. mo one
knows it better than the Senator from
Iowa"
THE provision of the Senator from
West Virginia (Mr. Elkins). remarked
Senator Bailey from the democratic side
of the chamber, permits the contracts.
The amendment of the Senator from
Iowa permits them, but makes it impos-
sible to carry them into execution"
'.Rawa Of the Greeks Whon thew come
bearing gifts remarked Senator Elkins,
as he cautioned republicans against ad-
vice from the democratic side.
Were just going to say enough to
Bailey.
Senator Elkins advised the democrats
to look well into their own differences.
Senator Bailey declared there were none.
Then Mr.. Elkins made reference to the
roll calls on the tariff bill.
This aroused laughter The Texan as
serted that the tariff votes had been
outlawed by the statute OF limitations.
Opposes Antitrust Law Repeal.
Mr. Borah announced his opposition to
any repeal of the antitrust law. but said
that, if it was to be superseded at all,
he would prefer the Cummins amendment
to other suggestions.
At this point Mr.. Sutherland raised the
point as to compliance with the republican
platform. Mr.. Bacon asked him whether
he would permit himself to be controlled
by a party platform when contrary to his
own conviction. The Utah senator re-
piled in the negative, but said he would
hesitate long time before setting up his
individual Judgment against the combined
declaration Of his party.
IF I supposed" said Senator Smith of
Michigan, who hitherto had expressed a
contrary opinion, that this proposed leg
islatiOn would harmfully Or unwtsely
change the antitrust law, / wouldn't vote
for it, if declared for by all the political
parties in Christendom.''
Mr. Borah contended that the traffic
provision was not in accord either with
the republican platform, with the mes
of President Taft. with the exception Of
the last recommendation OF the latter.
Railroads Made Exempt.
Mr. Borah argued that, with the Ell
kins-Crawford provision enacted, all the
crime element in combination Of rail-
roads would be eliminated. Under the
present law, he said, the combination
constituted the crime; there could be no
offense in the mere filing Of rates. and
with the conspiracy feature removed the
roads could not be prosecuted under the
law.
There could be no cr1mnallty In dc-
cepting the invitation of the government
to enter into a compact. He asserted
that under this provision there would be
a general agreement among the railroads
Of the country. with the result that prac-
tically all rates would go into effect with
out previous examination or approval on
the part Of the government.
Asserting that but for the support given
by the railroads, the Standard Oil and
other trusts. those organizations could
not have attained to their great proper
tons, and, saying that in deciding the
Standard Oil case the Supreme Court
would pass indirectly upon those bru-
tai practices of the transportation COM
panies," Mr.. Borah commended that If
the Elkins- Crawford amendment became
law the railroads would be removed
from the control of the courts.
Hence he would vote against the adop-
ton OF the section in any form, regard
less of the declaration Of the republican
platform.
The ball game is blamed for the ad-
journment at O'Clock. AS soon as SEN
ator Borah completed his argument the
absence of quorum was suggested.
The roll was called very slowly. The
Vice President recognized senators who
merely poked their heads through the
doors.
But only thirty-eight answered to their
names-not a quorum Therefore, ad-
journment was agreed to at once.