The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1910-04-21

ed that the North Dakota state con-
stltuti0n prohibited tho consolidation
OF railroad lines. contended that un-
der decisions Of the supreme court
It had held In effect that questions OF
this character were subject to state
control.
1T must be apparent to every one.'
he proceeded, that when the presi-
dent and the attorney general drafted
this law they were familiar with ex-
listing laws In relation to the matter
covered by section -. It is fair to
assume that they put It in this bill
because they wanted to see It become
law. Section IL. II enacted would
conflict with the decisions mentioned
1T can become operative only in
one way. OF the members of the su-
preme court which decided the Louis
Vile and Nashville railroad case, on
ly three are now on the bench, and
two are advanced in years and are
now entitled to their retirement. The
! court is in q lamentable condition.
Two vacancies now practically exist.
Two more soon will exist in the ma
tural course Of events. This will
make at least four appointments that
the president will have to make.
Having the power to appoint the
members Of this court, who finally de-
termine the law upon all questions
he has the opportunity to appoint
those wK>se sentiments in regard to
the seq ..4S2 accord with his. The
attorney h', would, no doubt,
sppeintes spass tss So ,up1e,t If be s,s
own handiwork? ~s&.W
"How easy it would bGe<,. -resi-
dent, through his new app> to
bring about change in exisfhs, law,
and to foist upon the people the pro-
visions of section IL as the law of
the land.
President With Railroads.
'The pending bill demonstrates that
the president is strongly inclined
toward the interests Of the railroads.
Therefore, would he not make ap-
pointments Of court Of commerce
judges. known to be favorable to the
railroads?
"If this should happen, then by the
passage Of this bill, all the benefits
and protection given by court deci-
sions may be lost, and the railroads.
may by our action, be authorized to
accomplish those very things, in mat
ters Of consolidation, which the courts
have determined, they could not do
because they were detrimental and
destructive to the rights Of the peo-
ple."
Mr.. Purcell criticised many OF the
provisions of the bill. OF the pro-
posed court Of commerce, he com.
plained, and said that no established
lawyer could desire a place on its
bench because it would be "a vortex
Of passion and greed"
He found fault with the failure of
the bill to prohibit over-capitalization
and improper combinations on the
part of the railroads. He alilo ex-
pressed tho opinion that the bill
should permit the interstate COM
merce commission to regulate trans
portation rates on the great lakes as
under existing conditions independ-
ent lines could get a footing on those
waters.
Mr.. Purcell declared that already
the country had repudiated the wis
dom Of the president in giving his en-
dorsement to the new tariff law. In
support Of this statement he referred
to the action Of the Indiana State Re-
publican convention. He pointed out
that in. all the five congressional
elections held since the Payne-Aldrich
bill became law, the Republican
candidates had been defeated, not
withstanding the districts had all
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 busi-
ness was largely under the control of
ring.
When he concluded Mr.. Purcell was
congratulated by a number Of his COL
leagues.
Following Mr.. Purcell's speech the
senate engaged in a prolonged
wrangle over q parliamentary en-
tanglement relating to the status of
amendments offered by Senators
Crawford and Cummins to the provi-
sion legalizing traffic agreements be-
tween railroad companies.
This condition was at last relieved
by the acceptance by Senator Elkins
Of the Crawford amendment as a sub
stitute for the original provision.
The effect Of this acceptance was to
give the amendment the standing of
a committee amendment and to per-
NIT Mr.. Cummins to present his sug-
gestion as an amendment to the Sec
ton as thus modified.
The Crawford provision requires
that such agreements shall be SUBJ
ject to the approval Of the interstate
commerce commission, but does not
specifically require that this approv-
al shall be vouchsafed by the agree
ments 60 into effect.
Unwilling to take any chances on
this point, Mr.. Cummins presented a
substitute specifying tnat the ap-
proval should antedate the taking ef
feet Of the agreements. As Mr.. Cum
minis desired to speak at length on
the subject, the senate adjourned
u,itho,,t faIrin0 acfion m oithor ,,ro