The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-06-04
Some of the Worst Features
Are Out of the Meas
urG As Passed
POWER OF COMMISSION
VERY MUCH bROADENED
Court of Commerce But Con sfdcrs
Tint the Bill Is Fairly Ac-
ceptabIe TO Democrats
BY wATTERsoN sTEALEy

Washington, June 3-(special. Now
that the long drawn fight over the rail-
road bill is virtually at an end, clearer
understanding of what is in the bill and
what has been stricken out can be OBJ
tained. As originally presented to bs
Senate and as drawn by Attorney General
Nickersham the serpents were numerous
and large. Some of these were killed
quickly and without much trouble. Others
required valiant fighting upon the parts
of democrats and nsurgent republicans to
destroy and others still remain in the bill
In ana1yzing the measure as it stands
today and in giving the reasons for the
democratic attitude toward It on its final
passage. Senator Rayner of Maryland said
tonight.
THE bill contains as it now stands,
some very good features and some that
are mighty bad When it came to us
originally its good features were mini
mized, and the Objectionable ones pre-
dominated. 1t looked to me then. with
great Difference to the persons who framed
it, as a railroad bill. pure and simple,
drawn in the interests of the railroads
and for their benefit and aggrandizement.
The insurgent republicans and the dem
ocrats combined and by a union of forces
have swept away some of its most vici-
Gus provisions and supplemented 1t with
a number of others In the interest of
the people.
"One of the best features of the bill
as 1t came from the committee was that
which broadened the power of the inter
state commerce commission giving it un-
questioned authority to initiate proceed
ings for the correction of unreasonable
rates. Formerly this could not be done
al the instance of the shipper. The bill
originally gave the interstate commerce.
commission an enlarged power to estab-
lish through rates and through routes
The principal provisions which the bill
contained when il came TO us and which
It still contains and which are open to
most serious objections, are the ones pro-
viding for the establishment of court
OF commerce and The control of the pro-
ceedings In that court by the Attorney
General. it has been claimed that this
last objection has been obviated by giving
the interstate commerce commission and
the complaining shippers the right to ap-
pear In the suits. In my Judgment the
original objection still exists and the con-
troll of the suits practically passes from
the jurisdiction of the interstate COM
merce commission to the jurisdiction OF
the department of Justice
lt Is true that the famous section 7.
which practically repealed the Sherman
antitrust law. has been obliterated and
that section 12, which conferred the right
upon the railroads of merging and con-
sohaation, has been swept out. The un-
r.fa
eminent control over the capitalization
of state railroads has also been elimi-
mated
Unfortunately, the LaFollette amend
ment, providing for the physical valua-
ton of railroads was voted down. It
should have been adopted The amend-
ment of Senator Cummins, compelling tho
railroads. whenever they raise rates to
assume the burden of proof as to the rea-,
sonableness, is in the interest of the pub
lie and betters the BILL as also does the
long and short hau' clause, which was
put in after a long fight
Thus stands the bill at this moment,
with The advantages | have described
and with the defects and the infirmities
apparent upon its examination. I want
to repeat and emphasize In the strongest
language ] can use that except for the
few instances l have cited. every sugges-
ton of benefit 10 the people made in the
progress of this bill has been secured by
the joint action of the republican insur-
gents and democratic members of the Sem
ate.
"The situation with the democrats IN
the Senate. as | see it, Is this: num-
Der of us are unalterably opposed to the
court of commerce. We do not believe In
the institution of federal tribunal that
will hardly have any cases whatever to
try and In the composition of which we
are possessed of a feeling the railroads
will play an important if not a dominate
ing part.
We are opposed to the control OF the
Attorney General of the proceedings which '
in modified form still remains in tho .
hill. and we are decidedly opposed to |
compelling the shippers to travel all over
the United States from as far west az
the Pacific coast to assert their rights In |
Washington before a federal tribunal
here located and depriving them of their
lnivilege of maintaining these courts In
their own Jurisdiction. This court OF
commerce. with all its attendant fea-
lures, is absolutely unnecessary and su-
periiuous.'
LaFolIette's Opinion
LAS this bill was drafted by the Attor-
ney General, recommended by the Presl-
dent and reported by the committee Il
contained only four provisions which BY
any fair construction could be construed
as conferreng any favor upon the pub
lie"
Senator LaFollette. the insurgent re-
D. bllcan leader. made this statement to-
night when asked about the railroad bill
Against the opposition of the admin
istration and the railroads." said the
senator. the progressive republican and
democrats have succeeded in eliminating
many of the most harmful provisions
and in writing into 1t much that is of sub
stantial benefit to the public. We havs
amended it SO that the proposed Law
shall not be construed as enlarging thu
Jurisdiction now possessed by the COURT
to review and set aside the orders of tho
commission. We also provide a provision
which permits appeals to the suprem(
court from interlocutory orders of th1
court of commerce. The commission ma
also employ counsel and appear in th}
court of commerce and defend its orderd
The privilege conferred upon the raE
roads of appearing before the court o
commerce with a prepared case and -
,uring in advance a decree to whetho
heir proposed action was unlawful ha
oeen stricken from the bill. The provis
on legallzing agreements between rail
'oads to fix rates and classifcations re-
,ening as TO rslroads the anti-truS
A., cfxs, th<, Al