The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-06-15
Perfected Bill Carries Most
Of the Features Of Orig
inaI Taft Measure
MERGER SECTION is LEFT
OUT OF THE REVISED BILL
One of the Features Retained in the
Bill Is the Commerce Court to
Have Jurisdiction Over Ger
tain Railroad Cases

Washington, June 1.-THE conference
report on the administration railroad bill
wos presented to the Senate al l:30 o'clock
today by Chairman EllSins OF the Senate
committee on interstate commerce. 1t
was' laid before the House late in the
day but under the rules it cannot be act
ed upon until disposed of by the Senate.
1t represented one weeks work by con-
ferees of the Senate and House in an cf-
fort to harmonic the differences in the
two bills and near four months ccntn-
uous consideration in one or the other
branches of Congress. At the request of
several senators the report went over
until tomorrow, when an effort will be
made to procure its adoption.
The two democratic conferees did not
sign the bill and Senator Newlands gave
notice that he would present minority
report.
Generally speaking the finished work Of
the conferees Is said to be satisfactory
TO the Senate, although in large part it
follows the lines of the House bill. A
number of the amendments secured by
'insurgent'' republican senators, however,
were retained by the conferees. So far
as has been indicated the only objec-
tion which may be raised in the Senate to
the adoption of the report relates to the
action of the committee in adopting the
House provision on the subject OF long
and short hauls.
The last amendment disposed of by the
conferees was that relating to the period
for which increases of rates might be sus-
pended by the commerce commission. The
conferees accepted the Senate provision
of 10 months
Perfected Bill
As finally perfected by the conference
the bill carries most of the features Of
the original administration measure ex-
cept the sections to. permit railroads to
make pooling agreements, to authorize the
government to regulate the issuance of
stocks and bonds and to permit a rail-
road to purchase the remaining stock OF
another line In which it already controls
30 per cent of the stock.
In the place of the House provision the
conferees Incorporated provision author
izing the President to appoint a commits
sion to investigate questions pertaining to
the issuance of stocks and bonds by rail-
roads. Expenditures by the commission
are limited to $4,000 annually, and 1t was
not given authority to summon witnesses
or to compel the production of books and
papers. No time was fix ed for the MAX
ing of report.
Tho bill as likely to become law would
create a commerce court composed of
five judges, the first of whom are to be
selected by the President and thereafter
by the chief justice of the supreme court
This court will have jurisdiction over all
suits brought to enforce or set aside
orders OF the interstate commerce COM
mission In other words. it would CEN
tralize the existing authority and juris-
0iction of circuit courts in matters af-
tecting interstate commerce.
Other sections would enlarge the power
q the commission over railroad regula-
ton and practices and place under the
jurisdiction of the commission telegram
telephone and cable companies, whether
wire or wireless and would broaden the
scope of the word railroad so as to ex-
tend the jurisdiction of the commission
over bridges, ferries and terminal facili-
ties.
Must Furnish Rates
General provisions are made affecting
railroads to compel them to furnish rates
upon application and to authorize the
commission to institute inquiries on its
ewn motion. BY both provisions adopted
by the House and retained by conferees
the scope of the commission to make reg
ulations was enlarged. 1t is also pro-
vided that consigner of freight shall
have the right to designate which OF
two or more routes shall take his prop
erty to destination.
Differences in the Senate and House
bills were reconciled as follows:
The new court will be known as the
commerce court as proposed by the House
Instead OF a court of commerce, as de-
sired by the Senate. The method OF
selecting the judges to form the court
is Senate provision. Another Senate
amendment retained permits of appeals
to the supreme court from interlocutory
orders of DEGREES Of the commerce court
granting or continuing injunctions to re-
strain enforcement of orders of the COM
mission 1t is required. however. that
the appeals must be tSKea within 81
days.
1t was provided by the administration
4 bill that the commerce court should not
issue injunctions suspending orders of the
commission except in cases where IRE
parable damage would ensue. To that
provision the conferees added Senatt
amendment requiring the giving Of three
days notice to the commission and tc
the attorney general and that the sus.
pension should not be for more than sixty
days. The Senate provision that all par.
ties In interest to q proceeding before
the commission should be notified of It.
commencement was stricken out but the
provision of both the House and Sen
ate pills in regard to the appearance o!
parties In proceedings in the commerce
court by intervening or on motion OF
otherwise. was retained.
Agents In Washlngton
Under Senate amendment adopted ev
cry railroad will be required to designat.
an agent In Washington to receive serv
ice In any proceeding against the rail
roads. The conference report retains thu
7 House provision requiring railroads t.
Y provide reasonable facilities for operat
q Ing through routes and for the exchange
and return Of rolling stock used therein
1t also retains the House provision re
quiring roads to establish and enforct
reasonable classification Of property fo
transportation and regulation OF prac
tices Affecting classifcations. rates o.
Tariffs tickets and bills Of lading. -