Los Angeles herald., 1910-06-02

A ASHINGTON, June by a vote
" of % to 81 the senate today re-
fused to challenge the supreme
court of the United States to annul
their decision regarding the right of
common carriers to transport COM
modities produced by themselves
The vote was taken upon an amend
ment to the railroad bill offered by
Senator Bailey, making it unlawful
for anv railroad to transport from one
state to another ANY article or COM
moditv manufactured, mined or pro-
duced by it or under it's authority, or
by any corporation, joint stock COM
pany or partnership as said railroad
| company holds, owns or controls di-
rectly or indirectly"
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
decision of the supreme court, in which
the government undertook to prosecute
number of roads engaged in the min
ing of anthracite coal in Pennsylvania
The court held the law to be constitu-
tional but materially limited its ap-
plication.
The original provision was drawn by
Senator Bailey and he sought by to-
days amendment to force the court to
face squarely the question of the right
of congress to prohibit railroads from
transporting commodities produced by
themselves.
In good natured manner, but with
pointed language, he criticised the
court and said he intended to make
the language of the present provision
so plain that mot even a judge or the
supreme court could fail to understand
it."
The time consumed in debate on the
Bailey amendment prevented final
vote on the bill today.
IAFOLLETTE LOSES FIGHT
The first vote of the day came on the
IaFollette amendment providing for
the ascertainment of the physical Valu-
alton Of railroads as a basis for the
fixing of rates. The amendment was
defeated % to 80. A modified provision
bv Mr. simmons requiring such valua-
tion of property affected by any given
case also was lost. 2S to 30.
The tendency to bring water trans
portation under the jurisdiction of the
Interstate commerce commission tounu
expression in two amendments, one Dy
Senator simmons of North Carollha
and the other by Senator Burton Oh
Ohio. Both amendments were ac-
cepted. ..--
The first was presented in connection
with the long and short haul provision
heretofore adopted. 1t provided thal
"when application is made to the COM
mission by a carrier to fix q lower rdIe
for longer than for shorter distances
because of water competition, sa!d ap-
nlication shall not be granted II the
Commission. after investigation, shall
find that the lower rate asked Ior Will
DESTROY water competition
Following is the text of the Burton
amendment: -.,...,..,, IN
"yVhenever a railway or railways, IN
connection with a water route OF
routes, shall reduce the rates on tne
carriage of any species OF frel9hl' II
shall not be permitted TO lilcIeasS oG1" -,
rates unless, after hearing by the IN
terstate commerce commission, 1t snail
he found that proposed increase rests
unon changed conditions other than the
eIinoination or the decrease in water
competition, and the said commission
hereby is given the right to prescrlpe
minimum railroad rates on lines com
peting with waterways, whenever III lIs
opinion the object of the railroad OF
railroads in reducing rates Is to de-
stroy waterway competition.
MORE AMENDMENTS PASS
Mr. Ell1ins also accepted an amend
ment offered by Senator Shlvely, as ne
did q second amendment sus6esteu ny
Senator Burton.
The Shively provision authorizes SUITS
for damage growing out of the failure
of the railroads to supply written
statement of the rate for carrying
given shipment from one place to an
other, awarding a penalty of $2oo tor
such failure -,
The Burton second amendment i'm
noses on carriers a penalty of $4,000 for
eliciting and divulging information con.
cerning the character or destination OF
a given shipment ~.
In the Bailey amendment, as IN the
case of the vote on the LaFollette phy-
steal valuation amndment, all the mega
tive votes were cast by regular Re-
publicans. Fourteen Democrats ana
eleven Republicans voted for the BAILEY
amendment.
After the defeat of the Bailey amend
ment. Mr.. Crawford introduced SIM
liar provision, so modified as to per-
nit a railroad company to transport
articles of it's own production, after
thev had been disposed of for ninety
days through bona fide SALE This
amendment was pending when the SEN
ate adjourned and will be the first
business in order tomorrow.
NIA1InA nil IT7ED WEnC