The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-06-02
SENATORS NOT
DESTROYS OF
FIGHTING COURT
Continued From Page one1

(Continued From Page One.D
ator Burton OF Ohio Both amendments
were accepted.
Long and short Haul.
The first was presented in connection
with the lone and short haul provision
heretofore adopted. IL provided that
when application IS made 10 the COM
mission by n carrier to Tx lower rate
for longer than for shorter distances
because OF water competition salo ap-
plicatfon shall be granted, II the com,
mission. after investigation, snail iino
that the lower rate asked for VIII de-
stroy water competition
Mr.. simmons spoke In support 81 hls
amendment, giving Instances IN Whlcn
he said railroad companies hao Pus
down rates to drive out boat lines anu
| then. with this result accomplished, hau
Foiiovring Is the text OF the Burton
amendment: whenever a railway or
railways In competition with a water
route or routes. shall reduce me 49, ~,
on the carriage of all species OF trelgnt,
I Il shall not be permitted 10 increase
such rates unless. after nearing Dy 1iis
| Interstate commerce commission,
| shall be found that such propose, ~
crease rests upon changed cVndiuons'
/ ether than the elimination or the ue-
i crease in water competition. ana tne
/ said commission hereby Is given the
right to prescribe minimum railroad
rates on lines competing with water
| WAYS. whenever. in its opinion. the oo-
/ iect OF the railroad or railroads IN re-
| ducing rates Is TO destroy way
MI. Burton had not proceeded far
| with his explanation OF his ainenu-
ment when he was stopped by an an
nouncement by Mr.. Elkins. in charge OF
the bill. that he would accept the pro-
! vision Nevertheless. the Toll was
S otisu was cast bv senator Frye. Mr..
E.lkins also accepted an amendment OF
fered by Senator Shively, as be did
second amendment suggested by SEN
ator Burton
suits for Damages.
The Shively provision authorizes
suits for damage growing out OF the
failure OF railroads to supply a written
statement OF the rate for carrying
given shipment from one place 70 an
other, awarding a penalty OF sz5V LOT
such failure. The amendment imposes
on carriers a penalty OF $4,000 lot enc
itinE and divulging information con.
|, corning the character or destination OF
| a given shipment.
Mr.. Bailey In speaking in support OF
HIS amendment freely criticised the de-
: cision Of the Supreme court out OF
which the amendment grew. He Weni
so far as to express the view that tht
opinion OF the court, as promui gates fS
: explained this conclusion had beer
, reached through his knowledge OF lit
! erary construction. and not througi
2 His purpose he said. was 10 divorc
? 1.-THE transportation from production an
? he added he had made a special effor
s TO draw the provision so as to rende
lit Impossible for the court 10 rende
r direct decision on the right OF Congress
thus to legislate. IF they can ge
e around this amendment. they Will shOv
P themselves possessed OF an ingenuit'
r that will surprise me- he said
| Mr.. Bailey said he had been careful
e to confine his prohibition to the car
I,fr NJ -. =, %
- modify itself Doubling the power o
] | Congress, even under the commerc
20 clause OF the construction. TO indict In
terstate commerce IN wholesome an
0 merchantable article, he said. he ha
{ not undertaken to prevent the shipmen
J OF a commodity produced by a com
!. mon carrier. IL transported by anothe
s carrier.
: To Prevent Monopoly.
The inhibition did. however. forbi
= the transportation OF the articles b
o the producing company, his purpose be
! ing TO prohibit the transpOrtatio
Z companies from monOpOlizing industr
| 20 the injury OF other Interests.
J, As in the case Of the vote on the La
= Toilette physical valuation amendment
all the negative votes were cast b
regular" Republicans. Fourteen Dem
ocrats and eleven Republicans vote
!, for the Bailey amendment. as follows
: Messrs. Beveridge. Rorah. Rourn,
q Bristow. Brown. Clapp. Crawford. Dix
r, on. Dolliver Gamble and LaFollett,
e Republicans ana Bacon. Clay. FraZiel
Hughes. Newlands. Overman. over
o Paynter. Purcell Rayner, Shivell
4 Simmons and stone. Democrats
r After the defeat Of the Bailey amend
II ment, Mr.. Crawford introduced a sim
lar provision. so modified as to per
nit n railroad company to transpor
ARTICLES Of its own production. afte
they have been disposed or throug
bOna-fide sale. This amendment wa
4 pending when the Senate adjourned an
will be the first business tomorrow.
: Yes-yOu'l probably answer the wron
~ I'd I'M. - IL.