The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1910-06-04
RAILROAD r. Ill.
THE SENATE AMENDS RAILROAD
MEASURE.
Puts i'm Two Provisions Tending to
Foster Water Competition With
Land Carriers.

challenge the Supreme Court Of the
United States to another decision re-
garding the right Of common carriers
to transport commodities produced by
themselves.
| The vote was taken upon an
amendment to the railroad bill offer
ed by Senator Bailey, Of Texas, MAX
ing it unlawful for any railroad COM
pany to transport from one State to
another any article or commodity
manufactured, mined or produced by
it, or under it's authority or by any
corporation, joint stock company or
partnership in which said railroad
company holds, owns or controls, di-
rectly or indirectly any stock or in
terest"
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
Of the United States, in which the
government undertook to prosecute a
number Of the roads engaged in the
mining of anthracite coal in Pennsyl-
vania. The court held the law to be
constitutional, but materially limited
it's application.
The original provision was drawn
by Senator Bailey, and he sought by
today's amendment to force the court
to face squarely the question of the
right of congress to prohibit railroad
companies from transporting COM
modities produced by themselves. Mr..
Bailey said that 1t was his intention to
make the language of the present
provision so plain that not even a
judge of the Supreme Court could fail
to understand it," The time consum-
ed in debate ON the Bailey amendment
prevented final vote being reached
on the bill, as had been hoped.
The LaFollette amendment, provid-
ing for the ascertainment of the ply.
sical value of all railroad property as
basis for the fixing of rates was
defeated, 25 to 80. modified pro-
vision by Mr. Simmons, recurring
such valuation of property affected by
any given case, also was lost. 2S to
80.
The tendency toward bringing wa
ter transportation under the jurisdic-
ton Of the interstate commerce com
mission, which has been noticeable
throughout the consideration of the
Dill, found expression in two amend
ments, one offered by Senator Sim
mons of North Carolina and the 9TH
er by Senator Burton of Ohio. both
of which found acceptance.
The first was presented as a pro-
viso in connection with the long and
short haul provision heretofore adop-
ted. 1t provides, that when applica-
ton is made to the commission bv a
carrier to fix a lower rate for longer
than for shorter distances on account
or water competition, said application
shall not be granted if the commits
sion, after investigation, shall find
that the lower rate asked for will de.
| StrOy water competition
Following is the text of the Bur
ton amendment:
| Whenever a railway or RAILWAYS in
competition with water route or
routes shall reduce the rates on the
carriage of any species Of freight it
snail not be permitted to increase
such rates unless, after hearing bv
the interstate commerce commission.
it shall be found that such proposed
increase rests upon changed conditions
other than the elimination or the de-
crease in water competition, and the
SAID commission is hereby given the
right to prescribe minimum railroad
rates on lines competing with water
ways whenever in it's opinion. the OBJ
ject Of the railroad or railroads in re-
| ducing rates is to destroy waterway
| competition"
Mr.. Burton had not proceeded far
| with his explanation of his amend
| ment when he was stopped by an an
nouncement by Mr.. Elllins, in charge
or the bill, that he would accent the
provision. Neverth less the roll was
called, resulting SO to 1.
Mr.. Bailey, in speaking in support
or his amendment, freely criticised
the decision Of the Supreme Court out
or which the amendment grew. He
went so far as to express the view
That the opinion of the court as pro-