Omaha daily bee., 1910-05-17
COMMERCE COURT
RETAINED IN BILL
Provision Kept in Railroad Measure
by Senate is Victory of
Regulars
CUMMINs' MOTION TURNED DOWN
Iowan's Attempt to Strike Item Out
Loses 81 to 2S.
IS TRIUMPH FOR REPUBLICANS
Regarded as Fruit of Efforts to
solidify Administration.
BACoN'S AMENDMENT LOSES OUT
Gcor9iRn's Proposal to Have United
states Circuit Courts Act on
Commerce Cases Proves
Not Popular.
rs TRIUMPH FOR REPUBLICAN
Regarded as Fruit of Efforts t.
solidify Administration.
BACoNs AMENDMENT LOSES OUT

WASHINGTON, May lG-Whatsoever
may be the fate of the other provisions Of
the railroad bill the proposal to establish
court Of commerce will be retained, the
senate today taking affirmative action in
that direction, as the house previously had
done. The vote was obtained on motion
by Senator Cummlns to strike out the en-
tire six sections providing for the establish
ment of the court, the result being I'm the
negative, 2S to 37
The entire negative vote was cast by re-
publicans although eight republicans voted
with the democrats in support of the mo-
lion. The affirmative republican votes
were cast only, except in the Instances of
Senators Borah and rawford by the most
pronounced of the Insurgents" Messrs
Beveridge, Bristow, Clapp, Cummins, Doll
yer and LaFollette.
The action was a distinct triumph for
The regular republican organization and was
the first fruit of recent efforts to solldify
the administration forces so as to insure
the carrying out Of the administration
program.
Following this action, Mr.. Bacon pre-
sented an amendment substituting the
United States circuit courts for the court
OF commerce in the trial of commerce
cases, but ii was voted down without di-
vision. negative fate also met met an
amendment by Mr.. ummins reducing the
membership Of the court from five to three
Following these votes Mr.. Cummins Of
cered amendments modifying his substitute
tor the stock and mond provisions and sub
shutting for the United States the Inter
state Commerce commission as defendant
IN cases In the court of commerce in
volvlng orders OF the commission. Neither
was disposed of during the day.
During the debate Mr.. Clapp said he
found In the court provision tendency
toward Capitalization and congratulatine
the country upon the work done already In
eliminating the original bill appealed to
the senate 70 continue that. work. rs.
DECLARING that If senators should vote
their eJnest convictions the court section
would be voted out, Mr.. Bacon said he
would rather lose his right arm than be
responsible for SO radical a change in the
judiciary as this bill contemplated.
Proceedings Taken w.
The railroad bill was taken up at 1lSC
o'clock and Seantor Cummins proposed an
amendment striking out the court of com
merce provisions He called attention tC
the fact that the merger section of the
bill, which 1t had been suggested would
make business for the commerce court haC
gone down under such volume of crlti
cism and dlsapprobation as would render
its temperance out of the question"
Therefore congress was providing a new
court of five judges to try cases at tn,
rate of Seven year, he added. Commentins
on this as an unwarranted act of extrava
yance Mr. Cummlns declared he could no
understand the "insensibllity of the mel
who were willing to squander the public
'unds."
Mr.. Cummins also found fault with tn,
possibility that court devoted to railroad
cases might be subjected to especial criti
cism and tempettion.
I'VE are inviting the danger that alway!
ias been apprehended with respect to spe
,.alized tribunals" he said.
senator Bacon, I'm strong language. uues
/. Sioned the unfortunate innovation in ou
y Judiciary system" lie thought the chang
20 be fraught with many risks. Mr.. Bora
criticized the court as unnecessary, be
cause of the small volume of business L
be done.
r. Every court of the kind that has bee
created has drfted down into a servil
.ool" he asserted.
\ motion Senator Cummins that tn
senate strike Ut of the railroad bill tn
six sections to create a court of commerc
was defeated. The vote on the Cummin
amendment was rs ayes, 81 noes.