The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-04-05
.CUMMINS HOLDS Up
RAILROAD BILL
Combined Efforts of Hale and
Elkins Are Resisted
BACON ALSO OBJECTS
Eikins Says He Does Not Want to
Rush Matters, But Wants to Get
Through Work and Adjourn
by the Middle of June

Washington, April 4.-Declaring that no
less than two weeks time will be neces-
sary to consider the amendments already
offered to the railroad bill, Senator Cum
minis today resisted the combined efforts
OF Senators Hale and Elkins to obtain
agreement to vote next Saturday on the
bill The Iowa senator not only OBJ
iected to the proposition, but he pro-
nounced it a joke
Senator Bacon made it evident that If
no one else had objected he would do So
He contended that the managers of the
bill were not justified in asking for an
agreement looking to a vote until they
are able to present a perfected bill.
Mr. Ell1ins brought up the question of
a vote after the close of a speech by
Senator Crawford advocating the amend
ment of the commerce court provisions
OF the bill.
Il don't want to push the senators,
said Senator Elkins, but we all want to
get away from here by the fifteenth of
June. l therefore urge that senators de-
string to speak on the bill or amend
ments will prepare themselves to do so
and give us an opportunity to VOTE
Mr. Cummins regarded Mr.. Elkins as
not only amiable but jocular There were
more than a hundred amendments to be
considered. he said. and no less than a
fortnight would be necessary for that
duty alone. He suggested as a substi-
tute an agreement that not less than
three hours a day be devoted to the
tInro IT,, 1f tlo
ments until disposed of.
Mr. Bacon would not consent Sen
ators say the bill has been here six
weeks, said he, land 1t is not here yet.
Amendments have been offered today
which could have been done away with,
and we have not seen them yet We
have no assurance as to when the bill
will be completed
"Todays amendments are not of kind
that surprise senator's, responded Mr.
Hale
We don't know" replied Mr.. Bacon
I'VE have not seen them"
Mr.. Cummins brought the discussion to
an end by presenting an amendment
striking out the provision authorizing the
submission in advance of agreements to
the court of commerce. The Senate then
went into executive session, and ad-
journed without further proceedings on
the railroad bill.
Presenting a number of amendments to
the railroad BILL Senator Crawford of
South Dakota today addressed the Sen
ate on that measure.
He found in the measure many pro-
visions which he Endorsed. but urged num-
erous changes in others. The proposed
court of commerce, he thought, would
find little to do if its jurisdiction was
to be limited as at present proposed.
II think, however" he said that if
the bill was so amended as to give the
proposed court exclusive original jurisdic-
ton to hear all cases brought in the
courts of the United States to set aside,
annul or suspend orders made by boards
of railroad commissioners of the several
states on the ground that they are con-
fiscatory, there would be sufficient bust
ness to justify it and make it a useful
branch of the Judiciary
In support of this position he said:
Many cases of great Importance are
now brought in the circuit courts of the
United States to enjoin the enforcement
of statutes of states, and to annul orders
made by state boards of railroad COM
missioners. fixing maximum rates for
intra-state traffic. | am informed by the
attorney general of South Dakota that
over 20 cases are pending against that
state and its officers in the circuit court
of the United States to enjoin the en-
forcement of statutes and to annul orders
claimed to be confscatory in their eff
feet
Numerous actions of similar char
acter, | understand are pending in the
federal courts in other states Unseemly
and disgraceful scrambles occur in a mad
race between the contending parties when
one side attempts to invoke the aid of
the state courts to enforce the statue of
the state while the other attemps to in
woke the aid of a federal court to en-
join such enforcement, priority to time
in commencing the suit to determine
which court shall retain jurisdiction over
the subject matter.
IF we are to create a court of COM
merce l would give it exclusive jurisdic-
ton over this class of cases, except that
it would so limit the power of the court
as to prohibit from interfering with the
enforcement of an express and positive
statute of a state until within reason
able time after such statute goes into
effect with a specific provision that in
case a suit is commenced in a state court
to enforce the statute within a specified
time after it's enactment the jurisdiction
of the court of commerce shall not at
tack until the suit brought in the state
has been finally disposed of by the courts
of such state
Mr.. Crawford presented an amendment
carrying these suggestions into effect.