The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1910-04-05
cuMMINs SAYS TWO WEEKS
WILL BE CONSUMED ON
RAILROAD MEASURE.
SPEECH BY CRAWFORD
In Which lie Declared Proposed Re.
strictiona on Commerce Court
Would Make il Al
most Useless.

ithat no less than two weeks time Ia
, necessary to consider the amend
ments already offered to the railroad
bill, Senator Cummins today insisted
that the efforts Of Senators Hale and
Elkins to obtain an agreement To voie
next Saturday on the bin, should
cease
/ Elkins brought up the question OF
vote after the close Of a speech BY
Senator Crawford. Tne proposed
court Of commerce, Crawford thought
would find little to do II It's juris.lic-
tion was limited as proposed He
would amend the bill so as to give
1.-THE court exclusive original jurislic-
1 tion to hear all cases brought In the
courts Of the United States, to set
Iaslde, annul or suspend orders made
BY the railroad commissioners Of the
several states on The ground that
.ithey are coniiscatory, there would be
sufficient business to Justify the
court
4 Cummins said in reply to Elkins
THAT more than hundred amend
lments are to9be considered He sng-
gested an agreement thai no less
than three hours a day be devoted to
the considerations until the bill is dis
Iposed of No actfSn was taken.
The railroad bill was made ID PRIV
ilege measure whenever 1t comes ip
IN fha houya IN, fhe 4a,.,,,a "a tI.,, .1x.a
luton by Mann, and adopted by
4 ltwo-thirds vote, Mann announced
that tire railroad bill will be before
the house after the naval hsll.
Crawford presented a number Of
amendments to the railroad bill. He
found In the measure many provisions
which be endorsed, but urged numer-
GUS changes In others The proposed
court OF commerce. he thought, would
find little to do If It's jurisdiction was
TO be limited as at present pro
posed.
i XII think, however" he said, 1that
If the bill was so amended as to give
the proposed court exclusive original
jurisdiction to hear all cases brought
in the courts of the United States to
set aside, annul or suspend orders
made by boards of railroad commits
sioners of the several states on the
ground that they are confiscatory,
there would be sufficient business to
Justify It and make 1t useful
branch OF the judiciary"
IN support OF this position. he
said: Many cases OF great import
lance are now brought in the circuit
lcourt Of the United States to enioin
the enforcement of statutes of states,
and to annul orders made BY state
boards of railroads commissioners,
fixing maximum rates for intrastate
traffic. am informed by the attor.
/ ney general Of South Dakota that
over twenty cases are pending against
the state and its officers in the cir
cult court Of the United States to en-
Join the enforcement Of statutes and
to annul orders claimed to be con-
fiscatory In their effect Numerous
actions of similar character, I un-
derstand. are pending in the federal
Icourts in other states. tInseemly and
dsgraceful scramhIes occur In mad
race between the contending parties
when one side attempts to invoke the
laid Of the state courts to enforce the
statute of the state, while the other
Iattempts to invok the aid OF federal
court to enjoin such enforcement
priority to time In commencing the
suit to determine which court shall
retain jurisdiction over the subject
matter
III we are to create court OF
commerce, would give il exclusive
/ jurisdiction over this class OF cases,
Except that would limit the power
Iof the court as to prohibit it from i'm
Iterfering with the enforcement Of an
express and positive statute OF a
state until within reasonable time
after such statute goes into effect,
with specific provision that in case
n suit Is commenced In a state court
10 enforce tue statute Within speci
| fled time after its enactment the
jurisdiction of the court Of commerce
shall not attack until the suit brought
in the state has been finally dis
posed OF BY the courts OF such state
Mr. Crawford presented an amend
ment carrying these suggestions into
effect and another looking to such a
modification OF the commodities
lclause or the Hepburn law as would
make that provision conform to the
decision OF the supreme court In
) which 1t vas held that Il does not
prohibit a railroad companw from
transporting interstaieN commerce ar-
ticles mined. produced M owned BY =