The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1910-06-02
RAPID PROGRESS IS MADE IN DIS.
POSING OF PROPOSED
AMENDMENTS.
GUARD RIVER CARRIERS
Render II impossible for Roads to Re.
duce Freight Rates in Competition
With Boat Lines, With Object Of
Forcing Latter Out Of Business and
Controlling Tariffs.

Washington, June by vote of
- to 81 the senate today refused to
challenge the supreme court Of the
United States to another decision re-
gardlng the right of common ear
riers to transport commodities pro-
duced by themselves The vote was
taken upon an amendment to the
railroad bill offered by Senator Bailey
OF Texas. making II unlawful for any
railroad company to transport from
one state to another ''any article
or commodity manufactured. mined
or produced by 1t or under its au-
thority, or by any corporation. joint
stock company Or partnership as said
railroad companr holds. owns or CON
trolls directly or indirectly"
The amendment was intended to
remedy the supposed defect In the
commodities clause of the Hepburn
act of 1906. out of which grew the
famous decision of the supreme court
In which the government undertook
to prosecute number of the railroads
engaged In the mining of anthracite
coal In Pennsylvania. The court held
the law to be constitutional but ma
terially limited in Its application.
The original provision was drawn
by Senator Bailey and he sought by
todays amendment to force the court
to face squarely the question of the
right of congress to prohibit railroad
companies from transporting commod-
tiles produced by themselves. In good
natured manner. but with pointed
language. he critcized the court and
said he intended to make the Ian
grage of the present provision so
plain that mot even "A Judge of tho |
supreme court could fail to UNDER |
stand it,
The amendment was Offered toward |
the cloee Of the session and attracted |
much attention. Ii followed busy !
day, during which several amend |
ments were acted upon. most of them
favorably. The time consumed In de- |
bate on the Bailey amendment pre-
vented final vote on the bill to-
day. The first vote of the day came |
ON the LaFollette amendment proyid-
Ing for ascertainment of the physical
valuation Of railroads. as basis for
the finding of rates. The amendment
was defeated. 25 To so. A modified
provision by Mr.. Simmons requiring
such valuation of property affected
by any given case also was lost. os
to 30.
Seven senators were absent without
being paired when the vote was taken
on Mr.. LaFollette's physical valuation
provision and he sought to have the
list inserted In the record This priv.
ilege was denied. The tendency -
bring water transportation under The
jurisdiction of the interstate ,.om-
merce commission. which has ',n"a
noticeable throughout the considcfa-
tion of the bin. found expression Ia
two amendments. one by Senator Sim
mons of North Carolina and the other
by Senator Burton of Ohio. Both
amendments were accepted. Tho first
was presented In connection with the
long and short haul provision here
tofore adopted. 1t provided that I
when application IL made to the
commission by a carrier to fix lower
rate for longer than for shorter dis
tance. because Of water competition.
said application shall not be granted.
" the commission. after investigation
shall find that the lower rate asked
for viii destroy water competition"
Mr. simmons spoke In support of the
amendment, giving instances in which
he said railroad companies had put
down rates to drive out boat lines.
and then. with this accomplished. hal
increased the rates again Follow
Ing Is the text of the Burton amend
ment:
whenever railway or railways.
IN competition with a water cute or
routes. shall reduce the rates on the
carriage of any species of freight, II
shall not be permitted to increase
such rates unless, after hearing by the
interstate commerce commission. 1t
shall be found that such proposed in
,rease rests upon changed conditions.
,ther than the elimination or the de-
'rease In water competition. and the
'aid commission hereby III given the
'ignt 10 prescribe minimum railroad
'ates on lines competing with water
ways, whenever. In its opinion, the
'bteet OF the railroad or railroads In
'educing rates. is to destroy water
way compe tition."
Elkins Accepts.
Mr.. Burton had not proceeded far
WITH his explanation of his amend
nent when he was stopped by the an
'ouncenent by Mr., Elkins. In charge n