The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-04-15
Senator E|kins Secures a
Little Amendment to Bill
During the Day
SENATOR RAYNER MAKES
ATTACK upon MEASURE
Advocate of States Rather Than
Railroads and VIII Keep
Up the Fight

Washington, April 14-The railroad bill
was before the Senate for only about
not to be taken up again until Monday.
The avowed reason for the postponement
was the desire to have printed for bet
ter consideration an amendment to the
provision permitting traffic agreements
between railroads, but even at that time
Il was understood the amendment would
be accepted by the friends of the bill.
itor Crawford, and was substitute for
1 provision offered by Mr.. Elkins re-
auiring the approval of the agreements
BY the interstate commerce commission
Objection was made to the Elkins pro-
Fision that it did not explicitly require
The commissions approval in advance OF
The taking effect of the agreements.
Mr.. Crawford said his amendment was
Intended to cover this defect. 1t provides
That agreements made subject to the
approval of the interstate commerce COM
mission between common carriers rela-
1--we to the classification of freight and
The rates, fares and charges for trans
portat tion of passengers and freight shall
tot be unlawful under the Sherman anti
rust law. The approval of said agree
rent shall not, however, be held tc
prevent the commission at any time
hereafter, in the manner provided by
INV. upon complaint or upon its own
Initiative, from suspending, modifying or
managing any schedule of any rate, fare
ir charge or any classification made pur-
irant TO said agreement"
The only real Accomplishment of the
lay In connection with the bill was the
tdoption of an amendment offered by SEN
ltor Ell<ins which withholds from the
Interstate commerce commission the au-
hcrity over exclusive water routes.
Rayner's Address
Declaring himself the advocate of the
ltates and not of the railroads, Sem
ltcr Rayner of Maryland today addressed
himself to the general aspects of the adj
Illustration railroad bill, while the
measure was under consideration fol
tnlendment
Mr.. Rayner gave special consideration
% the provisions relating to the issu-
tnce of stocks and bonds by railroad
corporations, and to the financial organi-
!ations of such corporations, which pro-
risions he contended were no part of the
regulation of comerce.
Assuming that they do constitute such
'egulation, he said, 'in so far as the
tate charters to railroads were con-
termed. l believe the provisions are still
contrary to the constitution
Mr.. Rayner asserted that Congress
r.l. \, -;rrI.% 50
Ialaries of the officers of a railroad or
10 decrease the wages of its employees as
t would have to regulate its issuance OF
Itocks and bonds.
There is,'' he declared. mo decision
,f any of the federal tribunals that ever
las reached such point of construction
" federal supervision. There is no text
writer or commentator that l have read
Ibout who ever has advanced the doc
rine that a regulation of commerce car
lies with 1t the right to regulate every
let in conn Section with interstate corpora
ions from the inception of their charter
III through their organization, and
through every corporate act that they
Ierfprm, and unless I hold some other
tround advanced for this extreme con-
Itruction / must beg to offer my dissent
hereto
Charter Is a Contract
? On the second proposition he contend
,d that a charter is a contract between
ihe state and the corporation itself, and
lie argued that the bill contemplated the
folation of the obligation of such con-
racts. In this connection Mr. Rayner
inferred upon somewhat personal state
nent He declared that he was not in
he Senate as the representative of a
iailroad, and added:
"I have never accepted any employ
nent from them in professional career
llthough I have had many an opportu-
iity to do so, and have never advocated
heir claims before any judicial forum
br legislative assembly. My hands are alb
Atolutely Free, he said, land l am their
friend when they do what is right and
heir enemy when they do what l think
B wrong
Continuing he said:
They are the pride of the country
IS well as curse when they attempt
70 terrorize the land and apportion
among themselves as their subjuga-
led provinces, and they then become
! menace to our institutions, espe-
tially SO when they invade the halls
" legislation and attack and trample
ipon the moral rights of the people
do not know whether they are fol
his bill, or against it, and / do not
tafe. Having held no communication
With them or their agents or attorneys
am utterly ignorant of the position
hey occupy.
II am here in defense of the states
and not of the railroads"
Rights OF the States
Contending that it never had beer
contemplated that the right to grant
corporate charters should be taker
from the states, Mr. Rayner said:
"It is one of their reserved rights
that must be maintained inviolate an(
intact. If we can do this we can lit.
brally DESTROY these charters. If thi.
ls interstate commerce then everythine
lr the vocabulary Is interstate com.
nerce. 1 challenge the constitutional
ty of It, charge that by violatine
pontractual rights granted by the
states they undermine the fundamental
law of the land that they practically
pverrule the maxims of the Dartmouth
college case now conceded to be in.
sorporated into the law by every text
writer upon the subject.
II claim that the fifth amendment
10 the covnstitution is applicable tc
this bill. even where the constitutions
<bo{,~ 10 the olzo