The Birmingham age-herald., 1910-04-27
Commerce Court Feature Is Subject of a Great Deal
 of Adverse Criticism
PROVISION IS ALMOST
 KNOCKED OUT BY VOTE
Lively stir in the House and Many Members Rush fin to Vote
 Minus Collars

Washington, April 26-The railroad bill vas the feature before both the House and Senate today In the House the body of the insurgents. joining the democrats, practically took charge of the measure. They succeeded in having adopted nu- merous amendments which would have removed from the President to the su prcme court the organization of the court of commerce provided in the bill.
 The day was devoted to discussing and voting on the commerce court para graphs motion by MT. Hubbard of Iowa to strike out the entire commerce court provision was defeated by tie vote
 In the Senate Mir. Capp delivered defiance to the administration and the regular party leaders in Congress with the supposed effort to read insurgent senators out of the party.
 MT. clapp intmated that the mass of the party was not following the leaders, who, he said, were merely reading them selves out of the party by the course they were adopting. He took especial exception to the recent speech of Attor- ney General Wickersham.
 | Senator Hughes denounced the railroad bill as a whole and Mr. Hepburn under l took to combat the contention that the | Crawford Ellsns provision nullifies the l sherman antitrust law so far as 1t affects tho railroad.
 CIapp starts Fireworks Senator Elkins got |, the railroad bill under way in the Senate much more promptly than usual and half an hour 1 after the body convened Senator Clapp
 was on the floor, pouring hot shot into l the measure.
 Taking up the political aspect of the situation, MT. Clapp congratulated the opponents of the bill in making better headway than was at first promised. He said in the beginning they were told that | tho appearance of the bill without cond- tions would be made the test of party loyalty and that it must go through
 without debate. twithstanding this edet some important amendments were l tackled on and the supporters of the bill were compelled to meet debate with de- bate.
 So long as the republican party had responded to the popular demand that leaders hope should represent the will of the party, it had been successful, Mr. Clapp said. but when it changed to the l opposite plan all the prospects of har- | mony destroyed
 Introductorily MT. Clapp made several references to the leadership in the dem- ocratic party and was interrupted with an inquiry from Mir. Stone to repub lican leadership in the past few years. Senator Aldrich sought to reply to this l inquiry, but MT Clapp refused to yield to him. The Minnesota senator pleased the man from Missouri. who remarked that MT. Clapp could make his own reply. "The Minnesota senator is among | those" he said, 'who do not call upon the senator from Rhode Island to speak for him.
 A Frantic Appeal
 Referring to what he characterized as Ar. Crawfords frantic appeal to the Roosevelt policies in support of his ] amendment" MT. Clapp declared Mr. Roosevelt had never attempted to dictate to his party. Next to Abraham Lincoln no man had ever so accurately interpreted the public will noy had been so far from attempt at dictation as MT. Roosevelt was, he said.
 1 Holding at arms length a copy of tho railroad bill, MT. Capp declared Mir Roosevelt never had sent to Congress "a document like that, with orders to put | it through"
 No bill came from the Attorney Gen. eral s office, he said and congress itself had undertaken the usurpation of right | of tramplng upon prerogatives and rights of the people in saying what should be done. No harmony could be had in dic- | tation and the republican party would find in the country a demand from the | people.
 MT. Capp said the people were still re- luctant to give up the republican party. which had brought them much good, and thought if congress would pass such | ft,.na fia Qax ip0 be acceptable after tariff suitable to all had been accomplished.
 1 Senator Hughes followed with sweep
 ing attack on the bill. 'It is not states manship to urge through great measures | like this said he, without argument and explantion of the bill. The people have right to ask more detail when | their interests are so materially affected.'' 1 Court Not Necessary l MT. Hughes criticised the provision cre- | ating a court of commerce on the ground | that such a court was not necessary 1 He contended that so far as the trans | portatio facilities were concerned the bill repealed the antitrust law. He thought 1t especially objectionable on the ground that it delegated legislative au- | thority to the interstate commerce com mission. he said
 | Entering upon an argument to prove that under the operation of the proposed law the smaller records would have no chance, he said that railroad construc- ton except by the large systems would be out of the question and especially hurtfu in the development of the great west. In his testimony he said the At Itorney General had explained how the proposed law could be evaded. Declaring that it would not apply to intrastate railroads. that official had said in the case of roads crossing a state lne he de- clared. different issue of stock could be put out for each state. "I asked him why go to all the trouble" Mir. Hughes said
 but am still waiting for the reply"
 Referring to the many construction. placed upon section l2 of the bill relat- ing to the consolidation of railroad lines.