The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-06-02
Bailey Amendment to Railroad
Bill Defeated by Close Vote
Wednesday.
SOME ANIMATED DEBATE
MARKS DAYS SESSION
Texas Senator Wanted to Pro.
hibit Roads From Carrying
Own Commodities.

WASHINGTON. June by "a vote of
20 to 81, tho senate today refused to
challenge the supreme court of the United
States TO another decision regarding the
right OF common carriers to transport
produced by themselves.
The vote was taken upon an amend
ment to the railroad bill offered by Sem
ator Bailey of Texas, making II unlawful
for any railroad company TO transport
from one state to another amy article
or commodity manufactured. mined or
produced by it or under It's authority, or
by any corporation, joint stock company
or partnership as said railroad company
holds, owns or controls directly or indi-
rectly,"
The amendment was intended to rem
edy the supposed defect in the commodl-
ties clause OF the Hepburn act OF 1906.
out of which grew the famous decision
of the supreme court In which the gov
crnment undertook TO prosecute num-
Der OF the roads engaged in the mining
of anthracite coal in Pennsylvania. The
court held the law To be constitutional
but materially limited its application.
Bailey Grows Emphatic.
The original provision was drawn by
Senator Bailey and he sought by today's
amendment to force the court TO face
squarely the question OF the right OF con-
grcss 10 prohibit railroad companies from
transporting commodities produced by
themselves. In good-natured manner, but
with pointed language, he criticised the
court and said he intended to mako the
language OF the present provision so plain
that mot even judge OF the supreme
court could fail 20 understand it,
The amendment was offered toward the
close OF the session and attracted much
attention. 1t followed a busy day, dur
Ing which several amendments were act
ed upon most OF them favorably. The
time consumed In debate on the Bailey
amendment prevented final vote on the
bin today
La Toilette Loses.
The first vote of the day came on tho
LsF'ollette amendment providing for as
certalument of the physical valuation o.
railroads as basis for the finding OF
rates. The amendment was defeated, .:
10 30. 4 modified provision by Mr.. Sim
mons requiring such valuation OF prop
erty affected by any given case also was
lost rs to 80
Seven senators wore absent without
being paired when the vote was taken or
Mr.. LaTTollette's physical valuation pro-
vision and he sought TO have the list In
serted in the record. This privilege was
denied. The tendency to bring water
transportation under the jurisdiction OF
the interstate commerce commission
which had been noticeable throughout the
consideration OF the bill. found expression
mons OF North Carolina and the other
by Senator Burton of Ohio. Both amend
ments were accepted.
The first was presented in connection
with the long and short haul provision
here tofore adopted.
II provided that when application is
made TO the commission by carrier 10
fix lower rate for longer than for
shorter distances. because OF water COM
petition. said application shall not be
granted. II the commission. after in
vestigation. shall find that the lower rate
asked for will destroy water competi-
ton
Mr.. Simmons spoke in support of his
amendment. giving Instances In which he
said railroad companies had put down
rates to drive out boat lines. and then.
with this result accomplished, had in
creased the rates again
The Burton Amendment.
Following is the text of the Burton
Whenever a railway or railways. in
with a water route or routes.
shall reduce the rates on the carriage
OF any species of freight. il shall not
be permitted To increase such rates un-
less, after hearing by tho interstate
commerce. commission. II shall be found
that such proposed increase rests upon
changed conditions. other than the elimi-
nation or tho decrease i'll water conlpetl-
tion, and the said commission hereby
Is given the right To prescribe minimum
watCrways whenever, I'm its opinion. the
object OF tho railroad or railroads In re-
ducing rates is to destroy waterway
-,
his explanation of his amendment when
he was stopped by an announcement by
Mr.. EIkius, In charge of the bill. that
he would accept the ProniisiSSn' C,ti,I, NGvGr,
"a 10 The negative vote was cast By
Senator Frye.
Elkins Acquiescent.
Mr. EIlsins also accepted an amendment
offered by Senator Shively, as he did
second amendment suggested by senator
Burton.
for damage growing out Il the failure OF
The railroads 10 supply writteA state
meut OF tho rate for carrying gwen
awarding a penalty OF $3.50 for such
The Burton amendment imnoses on
carriers a penalty OF $500 for elicitinS
md dlyulging informatior concerning the
character or destination OF 4 given snip
mcnt.
Mr Bailey. in spealSioG in support OF
his amcndmenr freely criticised the de-
,jsion OF the supreme court out OF which
the amendment grew. He went so Iar
rs 10 eXprcss the View that the opinion
If the court as promulgated. had been Il
rewritten document. He explained this
conclusion haA been reached through his
OF literary construction. and
not through any inside Information
His purpose. he said, was TO divorce
he transportation from production. and
ne added that he had made II special
Snort to draw The provision so as TO
render 1t impossible for the court to
wade "A direct decision on the right of
thus 10 legiSlate.
eff they can get around this amend
nent they will show themselves pos
,cssed OF an ingenuity that Will surprise
me-" he said
Points Out Limitations.
Mr.. Bailey said he had been careful
n con1nc his prohibition To the carrier