Los Angeles herald., 1910-06-04
SENATE FINALLY
VOTES RAILROAD
BILL INTO LAW
Administration Measure Passes
with Only Twelve SoIOns
in Opposition
ALL INSURGENTS VOTE AYE
Court of Commerce Established.
PrOgressives Claim d
Signal Victory
rAssocwted Press1

w ASHINGION, June Sine SeH-
w ate passed the administration
" railroad bill at 9:55 tonight. 1t
had been under consideration for
twelve weeks, and no other business,
save appropriations, were considered
during that time.
Only twelve votes, all by Demo-
Gratis, were recorded against the bill
The practical unanimity with which
the bill was passed was due to radical
changes made in the measure from the
form in which it was drafted by At
torney General Wickersham, following
numerous conferences at the White
House.
All tht insurgents who opposed many
features of the original bill voted for
it tonight.
Through the elimination of pooling
and merging sections. and by reason
of the adoption of many amendments
in the interest of shippers, the pro
gressives claim a signal victory, and
most of the Democrats expressed them
selves as favorable to the largest por-
tion IF the measure.
VOTE 50 TO 12
Had it not been for the retention of
the sections to create a court of COM
merce it is likely the vote for the
Dill WOulu nave Deen uIldHlIuOuS.
Debate ceased ats 8: 80. when Senator
Elkins chairman of the interstate COM
merce committee, moved to take up
| the bill which was passed by the
| house, and after striking out the body
of that measure, to substitute the mat
ter agreed upon by the senate. In
that form the bill was voted upon,
with the result that it was passed,
/ so to IL.
No Republican voted against the bill,
and six Democrats voted for it, They
were Chamberlain Clay. Gore, Payn-
ter Simmons and Stone. The Demo-
Gratis recorded against it were Bacon,
Fletcher, Frazier Hughes, Money,
Newlands, Percy, Purcell, Rayner,
Shively, Smith of Maryland and Smith
of South Carolina.
Just before voting began Senator
LaFolllette, an insurgent leader, served
notice that unless the senate con-
ferees made determined fight for re-
| tention of amendments procured by
| progressiVes and Democrats, it could
not hope the conference report ap-
proved.
PROVISIONS OF BILL
The "high spots" in the railroad bill
as it passed the senate may be de-
scribed as follows;
The bill provides for the creation of
| a new court of commerce, for the con-
| sderation exclusively of appeals from
| orders of the interstate commerce COM
mission. The court is to consist of
| five judges, to sit in Washington, with
| powers coordinate with the federal
circuit court. They are to receive the
| same pay and emoluments, and are to
! be appointed in the first instance by
| the president for terms respectively of
one, two, three, four and five years.
| Each as he retires to take up the work
of a circuit judge is to be succeeded by
a designated judge by the circuit bench,
these and other vacancies to be filled
| by appointment by the chief justice of
! the supreme court.
While the offices of the court are to
| be in Washington, and regular sessions
are to be held here, provision is made
for sittings anywhere in the United
| States. The government, rather than
| the interstate commerce commission, is
made defendant in all cases coming
| before the court, but the commission is
permitted to intervene, as are other in
! terested parties. The defense is placed
| under the attorney general but the COM
mission and interested parties are per-
mitted to have counsel and to carry on
the suit in case the attorney general
/ fails to do so. Appeals may be taken
| to the supreme court.
LONG AND SHORT HAUL"
The long and short haul provision of
the present law is amended so as to
| permit a greater charge for d short
than for a long haul, only when the
consent of the interstate commerce
commission is obtained. Special pro-
vision is made against the fixing of a
lower rate to destroy water competi-
! tion.
Railroads are required to supply
written statements of rates from one
/ place to another upon written applica-
tion of a shipper, under penalty of
! $3.50 for misstatement or failure to COM
! ply with such application.
In addition the shipper can bring suit
| for additional damages.
Either upon complaint or on it's own
! initiative the commission is authorized
! to determine reasonableneSs of individ-
ual or joint rates or classitications, and
! if such rates are found unreasonable,
discriminatory, preferential or pejudi-
| cial, the commission is authoized to
! prescribe a proper maximum rate.
Rates reduced to meet water competi-
| ton must not be restored unless after
a hearing by the commission to deter
mine whether conditions have changed
otherwise than by elimination of water
| competition.
Unless set aside by a court, orders of
| the commission are to consinue in force
two years. The commission also has
authority to investigate the propriety
| of any new rate, regulation or classi-
cation, individual or joint, of any
common carrier, and pending such
hearing a suspension for ten months OF
the rate, classification or regulation Is
| provided.
The carrier is required to refund all
charges found to be excessive.
PENALTIES OF BILL
Authority is also given the commits
sion to establish through routes and
Joint classification and to prescribe
maximum rates over them, whenever
the carriers themselves neglect TO do
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