Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1910-06-02
SENATE AVOIDS
COURT DECISION
Refuses to Adopt Amendment
to Railroad Bill offered by
Eailey Of Texas.
HE CRITICISED AUGUST BODY
Provision So Plain That MOT
Even a Supreme Court Jus.
tice Gould Fail to Un.
derstand IT.
HE CRITICISED AUGUST BODY

Washington. 1une by a vote Of
- Ia 81 the senate to-day refused to
challenge the Supreme Court OF the
| United States 30 another decision re-
gnrding the risht ~ common carriers
10 transport commoiitics produced bv
! themselves.
The vote vps taken upon an amend
mont 10 the railroad bill, offered by
Senator Bailey Of Texas, making II
unlawful for anv railroad COMPANY to
transport from one State to another
"any article o. commodity ,nanufac-
tured. mined or produced by 1t or un-
der its authoritr, or by any cornora
tion, Joint stock company or partner
ship in which said railroad COMPANY
holds, owns or controls directly or in
directly any stock or interest
Tho amendment was intended 10
remedy tie supposed defect in the
commodities clause OF tho Hepburn act
OF 1906. out Of which grew the famous
decision % the Supreme Court Of the
| ntcd States in which the govern
mont undertook to prosecute num-
hor Of the roads engaged in mining
anthracite in Pennsylvania The
court hold the law to be constitutional
hut materially limited its application.
SpU CHIT TO FORCE DECISION.
The original provision was drawn by
Senator HaileN, and he sought by to-
days amendment to force the court to
race Spuarely the question of the right
of Congress 70 prohibit railroad COM
panles from transporting commodities
produced by themselves. In good nat
ured manner, but with pointed Ian
giaEo. he criticised the court, and said
that II was his Intention to make the
language Of the present provision so
plain that mot even Judge of the
supreme Court could fail to under
stand it,"
The first vote of the day came on the
La Toilette amendment providing for
the as,Srtainnent Of the physical val
uation of all railroad property as a
basis for the fixing of rates It was
defeated. % to 80. \ modified pro
sion by Mr.. Simmons requiring such
valuation of property affected b. any
given case also was lost, IS to 30.
Seven senators We're absent without
being paired when the vote was taken
on Mr. La Follette's physical valuation
provision and he sought to have the
list inserted in the record. The priv
ilege was denied.
TWO AMENDMENTS ACCEPTED.
Two amendments. one by Senator sim
mons of North Carolina, and the other
by Senator Burton of Ohio were accepted
The first provides that when applica
iS 40 int
commission by carrier to fix a lower
rate for longer than for short distances
ON account Of water competition. said APP
rlcation shall not he granted IL the com
mission after investigation. sran find
that tho lower rate asked for will destroy
water compe tition."
The Burton amendment provides that
"wheneyer railway or railway, in COM
petition with a water route or routes
shall reduce the rates ON the carriage Of
any species of freight 1t shall not he
permitted to increase such rates unless.
after hearing by the interstate commerce
commission. it shall be found that such
proposed increase rests upon changed
conditions other than the elimination OF
The decrease in water competition and
the said commission is hereby given the
right to prescribe minimum railroad
rates on lines competing with water
ways whenever. IN its opinion, the object
of the railroad or railroads In reducing
rates is to destroy waterway competi- |
ton"
Mr. lllkins, in charge of the bill. said he
would accept the provision. Ncverthe- |
less the roll was called, resulting SO to !.
The solitary negative vote was cast by
senator Frye,
Nh Elkins accepted an amendment Of |
fcrrd bv Senator Shivcly and Il second |
amendment by Senator Burton, The
Shiyoly provision authorizes suits for |
damages growing out OF the failure of
railroad companies to supply written |
statement Of the rate for carrying a
given shipment from one place to an
other. notwithstanding the provision OF |
tn. bill awarding a penalty of $3.50 for |
-urh failure. The Burton amendment Inn |
hoses on curriers' penalty of 5000 for |
diyulclng information concerning the |
character or destination Of a shipment, |
Mr.. bailey speaking In support Of his |
freely criticised the .ecision |
Of the Suprcme Court out Of which the |
grew. He went SO far to cX-
nr.ss the view tEat the opinion of the !
court AZ promulgated had been re
written document
As i'm the case Of the vote on the
La Toilette physical valuation amend
m.nt all the votes against Mr.. Bailcy's
was cast by regular repubh-
cans. Fourteen democrats and II republi-
cans voted FOR the Bailey amendment as
Boveridge, Borah Bourne, Brls-
tow, Brown, 'lapp, Crawford, Dixon,
Dolliver, Gamble and La Folette, republ-
cans; Bacon. Bailey, CLAY Frazier.
Hughes, Newlands. Overman. owen,
paynter, Rayner. Shvely, simmons and
stone democrats.
After the defeat OF the Bailey amend
ment. MI Crawford introduced a similar
provision, SO modified as TO permit a rail
road company to transport articles OF It's
own production after they have beer
disposed OF for 20 days through bona fde
sale This amendment was bending when
The Senate adjourned and Will be- the first
business In order tomorrow.