The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-04-21
Senator Purcell Of North Dakota
Attacks President and the
Attorneys General.
SUPREME COURT is ALSO
GIVEN HARD KNOCKS
Belief Expressed That New
Judges viii Be Men Fayor-
able to "The Interests"


maiden speech in the senate, delivered
today on the railroad bill. Senator Pur-
cell Of North Dakota sharply criticized
the president and the attorney general.
He practically charged purpose Of SO
Transforming the supreme court as to
insure such construction of the pro
posed law as to supplant and nullify
antagonistic state laws and state consti-
tutions
He was dealing with the merger pro
vision of the bill, and having stated
the North Dakota state constitution
prohibited the construction Of railroad
lines. he contended that under de
cisions of the supreme court it had
beer held that questions Of this char
acter were sub iect TO state control. He
then proceeded:
''It must be apparent to every one
that when the president and the at
torney general drafted this law. they
were familiar with existing laws COW
sumo they put it in this bill because
they wanted to see 1t become law. Sec.
tion 12. If enacted, would conflict with
the decisions mentioned.
Court In Bad Shape.
way, Of the members of the supreme
court which decided the Louisville &
Nashville railroad case, only three now
are on the bouch, and two are advanced
in years and entitled to retirement The
court is now in lamentable condition.
Two vacancies now practically exist
Two more will soon exist in the natural
course of events. This will make at
least four appointments the president
will have to make.
Having the power to appoint the
members of this court, who finally de
tcrmine the law upon all questions. lie
has the opportunity 10 appoint those
whose sentiments on section II accord
with his. The attorney general would
no doubt. grace the supreme bench. If
he were appointed, would he not sup
port his own handiwork
How easy 1T would be for the presl'
dent. through his new appointees, 10
bring about change in existing law,
and TO foist upon the people the pro
visions of section IL as the law of the
land
Says Taft Favors Roads.
"The pending bill demonstrates tho
president IS strongly inclined toward
che interests of the railroads There
fore. would he not make appointments
10 the court of commerce of those
IF this should happen, then by the
passage Of this bill all the benefits and
protection given by court decisions may
be lost, and the railroads may, by
our action, be authorized To accomplish h
those very things in matters Of consoli-
datiou which the courts have deter
mined they could not do because they
were destructive of the people )
rights
nc -bo ,,r,,,osad cour+ &c nny,,morco
Mr.. Purcell said no established lawyer
could doslrc n place on its bench, be
cause it would be a ''vortex of pas
sion and greed
He found fault with the failure of
the bill to prohibit capitalization
ard improper combinations Of rail.
roads. He also said the bin should
permit the interstate commerce com
mission TO regulate transportation rates
on the great lakes, as under existing
conditions independent lines could not
get footing there.
Says Country Repudiates.
Mr.. Purcell declared already the
country had repudiated the wisdom of
the president in giving his Endorsement
TO the new tariff law. In support OF
this statement he referred TO the ac-
ton of the Indiana state Republican,
convention He pointed out that in all
the five congressional elections held
since the PAYNE bill became 4 law, the
Republican candidates had been de
featcd, notwithstanding four Of the
districts had been Republican He
spoke regarding The failure TO place
lumber on the free list, and went at
length into conditions in his own state,
where he said the lumber business was
largely under the control of a ring.
The senate engaged in Il prolonged
wrangle over The status of amendments
offered by Senators Crawford aud Cum
MINIS to the provisions lcgalrZlng traffic
agreements between railrcad companies.
This condition was at last relieved by
the acceptance by Senator E,lkins of
the Crawford amendment ms a. substi-
tutc for the original provision. The
effect of this acceptance is 10 permit
Mr.. Cummins TO present his suggestion
us an amendment 10 the section as thus
modified. The Crawford provision re
qulrcs that such agreements shall be
subject to the approval 81 the inter
state commerce commission, but does
not specifically require this approval
shall he Noucbsafcd before the agree
mcnts go into effect.
Mr.. tummins presented Il substitute
specifying the approval should aute-
date the effectiveness Cf the agreements,
As Mr.. Cummins desired 20 speak at
length ON the subject, the senate adj
journcd without taking action on either
provision.
CONSERVATION MEASURE