Los Angeles herald., 1910-04-21
PURCELL ASSAILS
RAILWAY MEASURE
First Speech of North Dakota
Senator an Arraignment
of Taft'S Pet Bill
OPPOSES A COMMERCE COURT
Says Proposed Tribunal Would Be
Vortex of Passion
and Greed
tAssociated Pressl

WASHINGTON, April 20.-In his
first speech in the senate. delivered
today on the railroad bill, Senator
Purcell of North Dakota sharply criti-
cised the president and the attorney
general. He practically charged pur-
pose of so Transforming the supreme
court as to insure such construction OF
the proposed law as to supplant aud
nullify antagonstic state laws anu
state constitutions.
1T must be apparent TO everyone
that when the president and attorney
general drafted this law they were
familiar with existing laws covered by
section 49, he said. 1T is fair to as
sumo that they put it in this bill be-
cause they wanted to see it become
law. Section II, if enacted, would con-
flict with the decisions mentioned.
1T can become operative only in one
way. OF the members of the supreme
court which decided the Louisville &
Nashville railroad case only three now
are on the bench and two are ad-
vanced in years and entitled to retire
ment. The court is now in lament
able condition. Two vacancies now
practically exist. Two more soon will
exist i'm the natural course of events.
This will make at least four appoint
ments that the president will have to
make.
Having the power TO appoint the
members of this court, who finally will
determine the law upon all questions
he has the opportunity to appoint those
whose sentiments on section II accord
with his.
THE attorney general, no doubt,
would grace the supreme bench. If he
were appointed would he not support
his own handiwork?"
OF the proposed court of commerce
Mr.. Purcell said no established lawyer
could desire a place on its bench be-
cause it would be a vortex of passion
and greed"
Mr.. Purcell declared that already the
country had repudiated the wisdom of
the president in giving his Endorsement
to the new tariff law. In support of
this statement he referred to the ac-
ton of the Indiana state Republican
convention. He pointed out that in all
the five congressional elections held
since the Payne bill became a law the
Republican candidates had been de-
feated, notwithstanding four of the
districts had been Republican.
The senate engaged in prolonged
Wrangle over the status of amend
ments offered by Senators Crawford
and Cummins TO the provisions legal
izing traffic agreements between rail-
roads.
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 is to permit
Mr.. Cummins to present his sugges-
tion as to an amendment. to the Sec
tion as thus modified.
The Crawford provision requires such
agreements shall be subject 10 the ap-
proval of the interstate commerce
commission, but does not specifically
require this approval shall be vouch-
safed before the agreements go into
effect.
Mr. Cummins presented substitute
specifying the approval should ante
date the effectiveness of the agree
ments. AS Mr.. Cummins desired to
speak at length on the subject the sem
ate adjourned without taking action
on either provision.