Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-04-12
COMMITTEE FIGHT
CLOUDS FATE OF
!. TRACTION MERGER
Opinion Differs on Inserting
"the" in Bill to Cut
Powers of Court.
GLASS SAYS 9 MEMBERS
ADVOCATE AMENDMENT
Capper Willing for Reconsidera-
ton of Measure, but Opposes
Making Change.

A difference of opinion in the Senate
district committee over the insertion
Of one word. the" in the bill to re-
strict the power of the courts In re-
Viewing decisions of the Utilities Com
mission has left the fate OF the Dill
uncertain, and may also affect the
chances for Senate action on the street
railway merger resolution.
The proposed changes in court pro-
ce6llre originally were made part Of the
street car merger plan by the Utilities
Commission, but the Senate committee
several weeks ago decided to handle the
court amendments as a separate Dill
and to seek their enactment IN al
vance of action on the merger.
The court bill as reported to the
Senate contained provision that when
appeals are taken to The court from
decisions of the commission, the nno-
ings of the commission as to the factS
upon which such order or decision Is
based shall be conclusive, If such find +.
ings are supported by evidence and II
such order or decision Is not contlS-
catory."
Argue on Right Of Review.
During the hearings on the bill the
utility companies contended the meas
IRE in this form would go too far In
depriving them of right to a review
by the courts. It was contended that
the word evidence" standing alone,
would mean that if there was frag-
ment of evidence TO support the md
ings of the commission as to the 1actS
in case. such findings would be con-
elusive on, the court. Those who took
this view urged insertion OF the word
the" to make the findings OF the
commission as to facts conclusive II
supported "by the evidence"
Members of the commission opposed
inserting "the," contending it would
destroy the purpose of the amendment.
When the Senate committee met yes.
terday Senator Glass, Democrat, OF
Virginia asked that the bill be recon-
sidered and the amendment inserted.
He said he had made inquiry and
found that nine members of the COM
mittee wanted that course followed.
He was supported in urging reconsidera-
ton by Senator Kean, Republican, OF
New Jersey.
Capper Opposes Change.
Chairman Capper replied that if the
bill is to be amended in that way the
commission does not want it. He said
the commission felt it would be merely
q re-enactment of the present law If
the proposed change is made. The
chairman's view was supported by Sen
ator Blaine, Republican of Wisconsin.
Senator Capper said he was willing
to have the bill brought back to the
committee from the Senate calendar
but made it clear that he was opposed
to making the change. The chairman
said he had confidence in the Utilities
Commission.
Senators Glass and Kean took the
view that without the change the bill
would give the commission too much
authority.
Before the parliamentary tangle de-
veloped over the court amendment bill
Senator Capper asked the committee If
1t wanted to act on the street railway
merger resolution. Senator Blaine Sug-
gested that the committee wait to see
what the House District committee
does with the question.