The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-05-27

portant concessions they scored the de-
feat of the provision.
OF the 20 votes favorable to the amend
ment, Il were cast by insurgent repub-
licans, as follows:
Beverage, Borah, Bourne, Bristow,
Burkett, Clapp, Crawford, Cummins, Dix
on, Dollfver, Gamble and LaFollette. Only
four democrats. Bailey. McEnery. Smith
and Taylor, voted for the provision.
Senators Bankhead, Buckley. Daniel,
Hughes, Money, Newlands. Penrose and
Percy were absent and impaired. Ex-
plantations were made in behalf of most
of the absentees.
The Closest Vote
The closest vote was 30 to 45 on the
amendment offered by Senator Clarke of
Arkansas regulating the extension or time
allowed for hearing on rate changes. The
presentation of the Martin amendment
requiring the interstate commerce COM
mittee to reach it's decision on increased
rates within six months and the doubt
as to the effect of that provision after
the expiration of that period in case of
the failure of the commission to comply
with this demand were responsible in
large measure for the fate of that pro-
vision
The Jones amendment presented a SIM
pie solution, and with the Cummins pro-
vision disposed of, 1t was acceptable to
all parties.
Pending the vote on the Jones-P aynter
amendment there was much confusion as
to the preliminary status of the two
amendments as separately presented.
The original suggestion of Mr. Jones
merely provided for an extension of the
suspension Of the 120-days' period already
allowed by the bill for investigation of
new rates by the interstate commerce
commission. 1t goes into the bill as a
proviso. and reads:
That il any such hearing cannot be
concluded within the period of suspension
the interstate commerce commission may,
in its discretion, extend the time of sus.
pension for a further period, not exceed
ing six months"
Rate to He Refunded
The addition made at the suggestion of
Mr.. Paynter provides that if the in
creased rate is found to be unreason-
able the carrier shall refund to the party
paying 1t the differences between that
and the rate as 1t existed before the in
crease, and shall do so on the presenta-
ton of the bill of lading, receipt or ex-
pense bill, at its office where the freight
charges were made.
The Paynter provision also directs the
issuance of waybills and receipts show
ing the points of origin and destination OF
freight giving the names of consgnor
and consignee and the total amount of
charges, all to be used as a basis for set
Element. Notwithstanding 1t was evident
from the time an agreement was reached
for the acceptance of the Paynter amend
ment that the joint provision would meet
with general favor, a roll call vote was
ordered Mr.. Aldrich's name was the
first called and III a loud voice he re-
sponded In the affirmative.
Coming Immediately after him was Sem
ator Bacon, and he cast his vote in the
| negative. All others voted for the pro-
| vision, and Mr.. Bacon then changed his
| vote, rendering the verdict unanimous.
| He took occasion to state, however, he
| had originally voted no because he did
| not favor the Jones portion of the amend
ment
Presenting his amendment striking out
sections 10, A. Is and II, which are broad-
| ly described as the capitalization pro-
| visions of the bill, Mr.. Hughes pressed for
| an immediate vote. and the amendment
was accepted without much discussion
| The one negative vote was cast by Mr.
| Burton of Ohio.
Opposition to Clause
In the course of the discussion the fact
| developed that practically all the senators
| We're opposed to the capitalization pro-
visions. The nsurgent republicans based
their opposition on the ground that suf-
fcient care was not taken to prevent
the watering Of stocks. and the issuance
of both stocks and bonds in a way that
would be injurious to the general pub
lie. They were DESTROYS to legislate in
such a wise to prohibit what they be-
lieved to be abuses In railroad capitaliza-
ton. they declared.
While. therefore, they were willing to
have the original provisions eliminated,
they would not consent b allow the bill
to go to a vote without some effort in the
direction of regulation, and Mr.. Dolli-