The San Francisco call., 1910-06-03
Other Points Affected
Senate Bill Near Passage


WASHINGTON, June But for the
fact that Senator Overman of North
Carolina succeeded in having the sem
ate incorporate in the railroad bill a
provision regulating injunction pro-
ceedings affecting state laws the sem
ate probably would have voted on the
railroad bill today.
The acceptance of that provision had
the effect of inclining some democratic
senators more favorably to the bill and
of causing the democratic side of the
chamber to request opportunity for
consultation before reaching the vot-
ing stage on the final passage. Ac-
cordingly. the vote was postponed to
permit a democratic conference. which
will be held at IL o'clock tomorrow.
After this agreement was reached
Elkins and Hale made an effort to get
the senate to agree to vote on the bill
before adjournment tomorrow, but
without success.
OBJECTION TO CLoTURE
Bacon and Bailey objected to a cut
ting off of debate in advance of the
final vote, and when it appeared as if
they might be conciliated Clapp en-
tered objection to any arrangement
whatever.
The bill was before the senate dur
ing the entire day and large number
of amendments were presented and
disposed of.
Just before adjournment Elkins gave
notice that at the proper time he would
ask the senate to substitute the senate
bill for the house bill
He succeeded in having adopted an
amendment postponing for so days
after its passage the time when the
proposed law shall go into effect. The
suggestion was not received with gen.
eral favor and on roll call vote re-
ceived majority of only seven, the
vote standing 80 to %.
LIMIT FOR INJUNCTIONS
The Overman provision covers SUBJ
ject broader than transportation. It
provides that no interlocutory injunc-
tion suspending or restraining the ex-
ecution of any state statute by re-
straining the action of any state officer
in its enforcement shall be issued by
any federal Judge upon the ground of
unconstitutionality unless the applica-
tion shall be presented to a Justice of
the supreme court or to a circuit judge
and shall be heard by three judges.
The only objection expressed to the
amendment was that its operation
would not be limited to railroads, but
there was a considerable vote against
1t, the ballot resulting in 33 ayes to
20 noes.
TELEGRAPH CLAUSE WIDENED
The provision heretofore adopted
placing interstate telegraph and tele-
phone lines under the control of the
interstate commerce commission was
enlarged in compliance with a sug-
gestion by La Toilette. who presented
the original amendment. AS it now
stands, it provides that telegraph and
telephone charges shall be just and
reasonable, and authorizes the COM
mission to determine when they are
not so. Special night rates and spe-
cial rates on press dispatches are au-
thorized. Telegraph passes are pro-
hibited to all persons The penalty for
disobeying this provision is fixed at
from s100 to $4,000.
OPPONENTS OF LA TOILETTE
The votes against the La Toilette
telegraph amendment were cast by 27
Observation-Disclosures Briggs, Bulk
ley, Burnham Burrows, Carter, Clark
(Wyo.), Cullom, Dick, Dillingham;, Ell
kins, Flint, Frye, GaIlinger, Guggen-
helm. Hale. Hepburn, Lodge, Nelson,
Nixon, Piles, Scott, Smoot, Stephenson,
Sutherland, Warner, Warren, and one
democrat, Bailey.
During discussion with Sutherland