The Birmingham age-herald., 1910-06-03
RAILROAD BILL Is
 NEARLY COMPLETED
Final Vote Is Delayed to Se-
 cure Democratic Aid
CONFERENCE IS CALLED
Senator Overman sscceeds in Incor- porating an Amendment Which Makes Bill More Favorable
 to the Democrats

| that Senator Overman of North Carolina succeeded in having the Senate incor- porate in the railroad bill provision ing state laws the Senate probably would have voted on the railroad bill before adjourning today. @
 The acceptance of that provision had the effect of inclning some democratic senators more favorably to the bill and of causing the democratic side of the chg smber to request an opportunity foi conferences before reaching the voting stage on the final passage.
 The vote accordingly, was postponed to permit of a democratic conference which will be held at Il o'clock to- morrow.
 After this agreement was reached Sen ators Elkins and Hale made an effort to have the Senate agree to vote on the bill before adjournment tomorrow, with out success.
 Senators Bacon and Bailey. made obs jection to a proposition cutting off de- bate in advance of the final vote and when it appeared as if they might be conciliated Senator Clapp entered posi- tive objection to any arrangement what soever.
 The Minnesota senator stated that he preferred to have consideration of the bill proceed in the natural way and the vote taken when all amendments had been presented and debate concluded.
 The bill was before the senate during IL. in the line of action rs;;ser than that of discussion.
 A large number of amendments was presented and disposed of. All were de- bated, but the speeches were brief and generally were confined to the immediate subjects in hand. Just before adjourn ment for the day Senator Elkins gave notice that at the proper time he would ask the Senate to substitute the Senate bill for the House bill.
 He succeeded in having adopted an amendment postponing for 60 days after It's passage the time when the proposed law sha. go into effect The suggestion was notl received with general favor and upon roll call vote received a majority of only seven, the vote standing 32 to 25.
 A new print of the bill will appear on the desks of the senators tomorrow and with it will be a transcript of the bill as originally introduced by Senator FL kins at the request of the Attorney Gen. eral. The two measures will be shown in parallel column arrangement.
 Speaking of the original measure, MT. Money said that 1t had rapidly receded like the mirage of the desert.'' 7.a' The Overman provision covers a sub- ject broader than the transportation ques- ton. It provides that no interlocutory in- junction suspending or restraining the execution of any statute of a state by re- strainng the action Of any officer of such state in the enforcement of such statute. shall be issued by any federal judge upon the ground of unconstitutonality unless the application shall be presented to a justice of the supreme court, or circuit judge, and shall be heard by three judges to be correct. The only objection was that the oper- ation should not be limited to railroads, and there was a considerable vote against it, the ballot resulting 33 yeas and 2S nays. The provision hitherto adopted places interstate telegraph and telephone lines under the supervision and control of the interstate commerce commission and was enlarged in compliance with suggestion by Senator LaFollette, who presented the original amendment. As it now stands it provides that telegraph and telephone charges shall be just and reasonable and authorizes the commission to determine when they are not so.
 Special government rates and special rates on press dispatches are author ized. Telegraph passes are prohibited to all persons. The penalty for dis obeying this provision is fixed at from $100 to 5000.
 Senator Hughes of Colorado was among those who had an amendment accepted. This provision gives to the shipper the right to choose line com peting with a part of the through route by which his shipment was billed. It exempts the original carrier from all responsibility for damage sustained on other than this own lines. however. MT. Simmons sought though inef- fectually to have his physical valua- tion provision inserted. It was voted down 30 to AZ. Senator LaFollette sue ceeded with two or three amendments but failed in aa effort to obtain for shippers the right to bring suit in the proposed court of commerce when there is prospect that irreparable damage may be done by increased rates pending the delay necessary to an in vestigation by the interstate commerce commission. .-