The sun., 1918-03-14
PASSES
RAILROAD BILL;
VOTE AZ TO 5
Clause Limiting Taxing
Power of the States
Stricken Out.
BEFORE HOUSE TODAY
Period of Control 81 Months
President to Initiate
Rates.
Special Despoich 10 THE Sun.

WASHINGTON, March l3.-The con-
ference report on the Administrations
ra ilroad control bill was adopted by the
Senate tonight by vote of ~ to
after the Senate had rejected and the
conferees had struck out the clause
which placed a limit upon the power OF
the State to tax the carriers during the
period OF Federal control. Tho bill now
goes to the House for final action. which
Is expected to come tomorrow.
When the Senate took its determined
stand against the State tax provision II
was the first test OF the Curtis rule
adopted las. week by the Senate under
which 1t was provided that Legislation
in the dark" as conference compromises
not authorized by either house. might be
sent back specifically for correction in
conference without denouncing the entire
report.
Thus It happened that the Senate.
when the tax provision came along IN
violation of the rule. promptly halted
the report. rejected the part relating
to the State tax and told the committee
10 revamp its work with the feature
left out.
Even then Senators Borah Udaho).
Cummins Iowa). Gronna (North Da-
kota). johnson California;. Norris
tNebraska) and Townsend tMichigan).
Republicans. and Senator Gore tOkla-
hpma), Democrat, declined to vote for
the report.
Point of Order Sustained.
Senator Frelinghuysen tNew Jersey
obtained the floor as soon as the con-
ference report was brought up to-day
and made the point OF order against the
report that It violated the new Curtis
rule in presenting new matter.
1t had generally been expected that
when Senator Frelinghuysen made his
motion. which had been anticipated for
two or three days. President pro
tempore Salisbury would rule that the
point OF order was not we'll taken. Ttls
had been the belief OF the Administra
ton Democrats and their understanding
but to their great surprise Vice-Presi.
dent Marshall. fresh from a sojourn ir
Florida, sauntered into the Senate
Chamber to-day and took up the gavsl
He sustained the point of order mad,
and threw tho Senate members Of tn,
, c0Qference into panic. .- o. p.
! Senator Smith tS c.. chairman OF
: the Committee on Interstate Commerc,
and nominally author of the bill ant
! head OF the Senate conference mana
I gers. appealed from the decision OF tn,
chair. At once the issue was precipi
tated.
Nulliaed state Rights.
Senator Frelinghuysen said that tn
Objectionable legislation which had beel
written into the Nill by the conferee
was the provision that for the perio'
Of Federal control OF the railway sys
tens OF the United States the right
o. the States to levy and collect take
upon railway properties had been abro
gated. The way the language Of the bi
had been twisted by the conferees. h
asserted. virtually nullifed the rights o
the States over properties within thei
own boundaries.
Senator Smith pointed out that tn
abrogation was not quite so complete a
Senator Frelinghuysen charged. but th
Senate was In no mood for quibblin
over the language. Here was its frs
chance In the history of American legis
lation to assert itself against the "legi:
lating in the dark" habit. and it wa
bound to 90 on record. which it did by III
convincing vote of 81 to 23 to sus
tain the decision OF the chair.
The bill was sent back to confereno
and few minutes later Cha!rma
Smith and the other conference mar
ayers reappeared with the announce
ment that the Objectionable phraseoloe
had been stricken out and the languaG
: o: the paragraph in question exactl
as passed by the Senate had been r.
stored. The report was therefore read
for final adoption.
Cum Minis Protests.
But that adoption was not to be in
, mediate. Senator Cummns was desi
ous Of discussing the merits OF the mea
: ure once more before consigning 1t
. the statute books. He protested on
, more against making the President Il
repository OF the power to make rat
, and predicted that within six mont|
, there would be a stupendous advance
the rates for freight now charged by Il
lines. and that the Interstate CONNER
!. Commission as the reviewing body wou
!, approve them.
= Senator Lewis Ullino!s) advanced Il
y Continued OF Second Page.