Daily press. [volume] (Newport News, Va.) 1896-current, 1910-06-02
WOULD STOP CARRYING
OWN COMMODITIES
Texas Senator Offers Remedy for
Supposed Defect in Hepburn Act
Water Transportation is Tackled on
Measure and Will Come Under Con.
troll of Commerce Commission.
(Ry Associated Press. |,

refused to challenge the Sspreme
Court Of the United States to another
decision regarding the right of com
mon carriers to transport commodities
produced by themselves.
The vote was taken upon an amend
ment to the railroad bill offered Dy
Senator Bailey. of Texas, making 1t
to transport from one state to another
ANY article or commodity manufac-
tured. mixed or produced by ii or I'M
der its authority. Or by any corpora
ton, joint stock company. or partner
ship in which said railroad company
indirectly any stock or interest"
The Intended Remedy.
The amendment was intended TO
remedy the supposed defect in the
commodities clause of the Hepburn act
Of 1906. out OF which grew The ia
nous 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 con-
stitutional, but materially limited its
application. The original provision
was drawn by Senator Bailey and he
sought, by today'S amendment, 10
force the court TO face squarely the
question of the right of congress 10
prohibit railroad companies from
transporting commodities produced by
themselves.
Mr. Bailey said that it was his III
tention to make the language OF the
present provision so plain that mot
even a judge of the Supreme Court
could fail 10 understand it."
The time consumed in debate on
the Bailey amendment prevented a
final vote being reached on the bill
as had been hoped.
The LaFoIIette amendment, provid-
ing for the ascertainment OF the ply
steal valuation OF all railroad proper
ty as a basis for the fixing of rates
was defeated so to 80.
A modified provision, by Mt. Sim
mons, requiring such valuation OF
property affected by any given case,
also was lost 80 to %.
Brings in Water Transportation.
The tendency towards bringing wa
ter transportation under the jaiIsdIc-
ton Of the Interstate Commerce CON-
mission, which has been noticeable
throughout the consideration OF the
bill. found expression in two amend
ments-one offered by Mr.. Simmons.
of North Carolina, and the other 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. II provides that when appnca-
ton is made to the commission BY a
carrier to fix a lower rate for longer
than for shorter distances on account
OF water competition. said application
shall not be granted II the commits
sion. after investigation, shall find
that the lower rate asked for viii de-
stEoy water competition
Mr.. Simmons. in support Ct his
amendment. gave instances in which
he said railroad companies had put
down rates TO drive out boat lines
and then. with this result achieved.
had increased the rates again.
Following Is the text Of the Burton
amendment:
Burton Amendment
Whenever a railway OF railways.
IN competition with q water route or
routes. shall rednce the rates on the
carriage o. any SPECIES Of freight. u
shall not be permitted to increase
such rates unless. after hearing by
the Interstate Commerce Commission.
u shall be found that such proposed
increase rests. upon changed condI.
tons other than the elimination or
the decrease IN water compcftion.
and the said commission Is hereby
giver the right to prescribe mint.
mum railroad rates lon lines compel
ing with whster~zys whenever. IN re
opinion. the object Of the railroad or