Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-05-16
Senate Decides to Meet No
Longer at II O'Clock.
ONLY TWO ON TIME TODAY
Had Hoped to Expedite Considers
ton of Railroad Bill.
COMMERCE COURT TAKEN UP
Cummins Presents Amendment
Striking Out That Feature
of the Measure.

BY the exceptionally close vote of - TO
2S the Senate today revoked its decision
OF last week To meet hereafter at IL
O'Clock for the purpose of expediting the
consideration of the railroad bill. Today's
action was the result of the hardness Of
senators in coming in for today's session.
When the Senate was called to order 10y
President pro tempore Frye, who had just
entered the chamber. there was present
but one other senator, Mr.. Johnston Of
Alabama. and he los; little time in calling
attention to the situation. Remailsing
especially upon the fact that tho movers
for IL o'clock meetings were "oonspicu-
ously absent" he moved that hereafter
the meeting time be fixed at the usual
hour of j. O'Clock
\ call for a quorum had the effect of
bringing in the number necessary TO
do business, and Mr.. Johnston's mo-
ton was carried by 20 TO 2s.
The result Was attained by a mixed
vote. but as a rule the motion was sup
ported by democrats and insurgents and
opposed by the organization.
Cummins Opposes Commerce Court.
The railroad bill was taken up at
1850 O'Clock. and Senator Cummins
promptly presented amendment
striking out the court of commerce pro-
visions Of the measure.
Mr. CumminS called attention to the
fact that the merger section of the bill.
which it had been suggested would
make business for the commerce court,
had gone down under such a volume
of criticism and disapprobation as
would render its temperance quite out
of the question:.
Therefore Congress was providing a new
court Of five judges to try cases at the
rate OF seven a year. he added. Com
menting on this as an unwarranted act of
extravaganza. Mr.. Cummins declared that
he could not understand The insensibility
of men who were willing TO SO Squander
the public funds
Danger OF Specialized Tribunal
Mr.. Cummins also found fault with the
possibility that a court devoted to rail-
road cases might be subjected to especial
criticism and temp alton.
I'VE are inviting the danger that al
ways has been apprehended with respect
to specialized tribunals he sad.
'Sucha court would find itself subject
to such influences as no other court ever
had been subjected to- said Mr.. Cum
INNS.
Replying to inquiries from Senator
a court would be greater than to the
interstate commerce commission. He eX-
planned that he did not fear bribery, but
said there would be danger that the pro-
posed court would lose that fine poise of
judgment so necessary in judicial pro-
ceeding. What he feared was the subtle
influence of the railroads over a tribunal
constituted as this was to be-
"An Unfortunate Innovation
5iIa
Senator Bacon. in strong language,
questioned the unfortunate innovation
in our judiciary system
If the chief justice was to have I'M
posed upon him the selection of the men,
bers of the court, the Georgia senator
said that when a new chief justice was t.
be chosen The principal inquiry would
be as to his attitude toward the rail-
roads. He thought the change TO be
fraught with many risks.
Mr. Borah criticised the court as I'M
necessary, because of the small volume
Of the business to be done. He believed
I'm expert boards. but considered expert"
courts to be undesirable because of the
Influences that would be brought to bear
upon them. Every court of the Xxi I'd
that has been created has drifted down
into a Serylle tool ne asserted.