The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-06-04
Measure Is Vastly Different
From Draft Made By the
Attorney General
!p,ls:sIaG AND MERGER
SECTIONS TAKEN OUT
LnFoiIette Serves Notice Upon Sem
ate That Unless Certain Amend
ments Are Retained Fate of
Bill Is Hopeless

Washington, June s-The Senate
passed the administration railroad bill
at 9:55 o'clock tonight. 1t had been
under consideration for more than IL
weeks and practically no other business
except appropriation bills was consid :
cred in that long period
Only IL votes, all democratic, were
recorded against The bill. The practical
unanimity with which the measure was
passed was due to the radical changes
made in the measure from the form in
which 1t was drafted by Attorney Cen
eral Wickersham, following numerous
| conferences at the White House on
1.-The subject of amending interstate
commerce laws. All of the 'insur-
gents" who opposed many features Of
the original bill voted for it tonight.
Through the elimination os pooling
and merger sections and by reason of
the adoption of many amendments in
the interest of shippers, the progressive
republicans claimed to have won sig
nal victory, and most of the democrats
express themselves as favorable to the
large portion of the measure.
Had it not been for the retention
of the sections providing for the Gre
! alton of a court of commerce 1t is like
ly that the vote for the bill would
have been unanimous.
The Final Bill
Debate ceased at $3.50 o'clock, when
Senator Elkins, chairman of the in
terstate commerce 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 matter agreed upon by the Sem
ate In that form the bill was voted
upon with the result that It VIZ passed
by vote of SO to
| No republicans a4fht the
/ bill and six demctr Nafkc COR it
They were Messrs ls5in. Clay,
Gore, Paynter, Sim nf and &ne. The
democrats recorde 4Hs were
MessTs. Bacon, Ffe razier
Hughes Money, Nd assf Pur-
cell. Rayner, ShiYe a Mary
land and Smith of sa.
Just before the Sena-
tor LaFoIlette, one he ~ rgent
republican leaders, ysf nat3c upon
the Senate that unr se ferees
made a determined 1aHf fer ,ntion
of amendments procured by progress
sives and democrats 1t could not hope
to approve the conference report.
Speeches in explanation of their votes
we're made by Senators Bacon, LaFol-
lette, Dollver, Paynter, Clay, Simmons
and Gore, and brief remarks were made
by others. The new law is to take effect
in 60 days after approval by the Presi-
dent.
Provisions of the Bill
The high spots in the railroad bill
as 1t passed the Senate may be described
as follows
The bill provides for the creation of a
new court of commerce. for the consid-
GRAFTON exclusively of appeals from or
ders of the interstate commerce commits
sion. The court is to consist of five
judges, to sit in Washington. Their pow
ers are to be coordinate with the Judges
of the federal circuit court; they 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 circuit judge, is to be succeeded by a
designation from the circuit bench, the
other vacancies to be filled by appoint
ment by the chief justice of the supreme
| court.
| While the offices of the court are to be
liz Washington and regular sessions are
to be held here, provision is made for
sttings anywhere in the United States.
| INT
state commerce commission. is made the
defendant in all cases coming before the
court. but the commission is permitted to
intervene, as are other interested parties.
The defense is placed under the direction
of the Attorney General, but the COM
mission and intervened parties are to be
permitted to have counsel and to carry
on the suit in case of the failure of the
Attorney General to do so. Appeal may
| be taken to the supreme court.
| The long and short haul provision of
| the present Interstate commerce law
| would be amended so as to permit a
| greater charge for q short haul than
for long haul. only with the consent
of the interstate commission. Special
provision is made against the fixing of a
lower rate for the purpose of destroying
water competition.
Stdtemcnt OI hNdteh
Railroad companies are required to
furnish written statement of rates from
one point to another, upon written ap-
plication of a shipper. under a penalty
of $3.50 for misstatement, or failure to
comply with such application. In addi-
ton the shipper could bring suit for ad-
ditional damages.
Either upon complaint or upon its own
initiative, the commission is authorized
to determine the reasonableness of ndi-
vidual or joint rates or classification, and
If such rates are found to be unreason-
able discriminatory, preferential or
preju6icial the commission is authorized
to determine and prescribe a proper max
imum rate. Rates reduced to meet water
competition must not be restored unless
after a hearing by the commission to de-
terniine whether conditions have changed
otherwise than by the elimination of the
water competition.
The commission Is also authorized TO
Investigate the propriety of any new rate,
regulation of classification, individual or
Joint, CT any common carrier, and pend
ing any such hearing suspension of 10
months for the rate, classification or reg
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