The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1910-05-05
THE CRAWFORD AMENDMENT.

E SGA
THE CRAWFORD AMENDMENT.
South Dakota's junior senator ha
been much In the public prints tn
past two weeks and his name ha
been constantly in use in the Unite,
States Senate, because Of a sharp de
bate between insurgents" and reg
ulars" over an amendment to tn,
railroad rate bill bearing Crawford
name. Notwithstanding Crawfor,
has been classed Is an "insurgent''
ct least BY many Of his supporters, i,
this instance he found himself sun
ported By the solid regular" mem,
bership Of the Senate. This was be
cause the Crawford amendment
though more radical than the section
Il supplanted. . less radical than the
Cummins amendment, which was
supported BY the united "insurg.
ents.'
President Taft, like his predeces-
sor. urged congress to grant per-
mission to the railroad companies to
form traffic agreements, which at
present are contrary to the Sherman
anti-trust act. The last national re-
publican platform contained a
clause Of the same purport, as fol-
lows:
We believe, however, that the in
torstate commerce law should be
further amended so as to give rail-
roads the right to make and publish
#trAnic agreements subject to the app
proval Of the commission. but main-
tanning always the principle Of COM
petition between naturally competing
lines and avoiding the common con-
trolsof such lines by any nea what
soever."
AS Senator Dolliver remarked the
other day. this is ambiguous enough
to puzzle the most adroit. inasmuch
as # authorizes restraint of compe-
tition bysHagreements and provides
also that competition must be pre-
served.
a Whatever that clause means, it is
considered authority by the presi-
dent for q clause In the new inter-
state commerce act permitting the
railroad companies to make traffic
agreements.
The administration bill. prepared
by Wickersham, went so far in this
direction that it was positively VIC
.ious, for It proposed to permit traffic
agreements providing only that
notice Of them be filed with the in
t~erstate. commerce commission. Such
~ law. OF course, would have promis-
ed the railroads Immunity from pros
ecution for any combinations they
might choose to make. This was t o
much even for the regular" repub-
licans Of the Senate. They have
made no attempt to defend 1t.
To this clause Of the interstate
commerce act two substitutes were
proposed, one by Senator Crawford
and one by Senator Cummins. The
Cummins amendment provides:
s''And ne any such agreement is
made In terms subject to approval of
the commission and IL also any such
agreement, together with all the
rates, fares. charges or cl~assifications
therein prescribed Or referred to.
shall be approved by the commission
before any such agreement, rates,
fares, charges or classifications go In
to effect. then the antitrust act
shall not prohibit the agreement"
The Crawford amendment propos-
ed that agreements made subject
to the approval Of the Interstate
commerce commission" shall not be
contrary to the antitrust act. It is
provided further that such agree
msnts shall be hled with the inter-
sstate commerce commission within
twenty days after made but It is pro-
yided that the commission's approval.
of the agreement shall not prevent
the commission from acting upon any
oe the rates contained in II at a.ny
kme ana such agreements shall not
DsSoonadsred tariRs or schedules Of
Efte2.s
TIC dikeFence between the amend
obvious. Cummins' amend
nsnt proposed that the commission