The PRESIDENT pro tempore. The motion is to lay the amendment on the table. Tho question is on that motion.

The Secretary proceeded to call the roll.

Mr. CAMERON (when his name was called). I am paired generally with the Senator from South Carolina [Mr. BUTLER] upon this bill. Understanding that if he were here he would vote to lay this amendment on the table, I cast my vote "yea.'

Mr. CHACE (when his name was called). I am paired on all questions with the Senator from Georgia [Mr. COLQUITT]. If he were present, I should vote "yea" on this motion.

Mr. JONES, of Arkansas (when his name was called). I am paired with the Senator from Indiana [Mr. HARRISON], but as I believe if he were present he would vote "yea" on this motion, I take the liberty of voting "yea."

Mr. MCPHERSON (when his name was called). I am paired with the Senator from Michigan [Mr. CONGER]. I do not know how he would vote.

Mr. SPOONER. I should like to inquire if we are voting on the amendment offered by the Senator from Colorado.

The PRESIDENT pro tempore. The motion is to lay on the table. Mr. SPOONER. Which amendment?

The PRESIDENT pro tempore. All the pending amendments.

Mr. INGALLS (when Mr. PLUMB's name was called). My colleague [Mr. PLUMB] is absent and paired with the Senator from Missouri [Mr. VEST] If he were here, my colleague would vote against the motion to lay on the table.

Mr. VEST (when his name was called). I am paired with the Senator from Kansas [Mr. PLUMB]. If he were present, I understand he would vote for this amendment and I should vote against it. In other words, I would vote to lay it on the table.

The roll-call was concluded.

Mr. MANDERSON. I am paired with the Senator from Kentucky [Mr. BLACKBURN]. If he were present, I should vote "yea." The result was announced-yeas 41, nays 16; as follows:

So the motion to lay on the table was agreed to.

Mr. BROWN. On the top of page 6 I find the following provision in the bill:

And when any common carrier shall have established and published its rates, fares, charges, and classifications, or any part of the same, in compliance with the provisions of this section, it shall be unlawful for such common carrier to charge, demand, collect, or receive from any person or persons a greater or less compensation than is set forth and specified in such published rates, fares, charges, and classifications, until the same shall have been changed as hereinafter provided.

Now, Mr. President, it seems to me that that provision intends to compel all railroad and other transportation companies that fall within the purview of this act to charge everybody alike for fares as well as for the transportation of property. It has been the immemorial practice between railroad men controlling their respective railroad companies to exchange passes and to secure tickets from the proper authority of any other company when an officer in charge of a company desires to send an agent connected with his company to transact any business with other companies. It has never been usual, in other words, for railroad presidents or superintendents to charge each other when passing over each other's railroads to railroad conventions or anything of that character; or when a railroad company desires, for instance, to send a clerk to the headquarters of another railroad company to look into some difference between the balances on their books, or anything of that character, to charge fare. I think under this pro

vision of the bill they would be obliged to charge each other for every mile they might ride on their respective roads.

Mr. CULLOM. Will the Senator allow me to make a suggestion? Mr. BROWN. With pleasure.

Mr. CULLOM. Has he had his attention called to section 20, which is the last section but one, in which the right to issue "mileage, excursion, and commutation passenger tickets" is reserved in the bill? Mr. BROWN. These are free tickets; neither mileage nor excursion nor commutation tickets.

Mr. CULLOM. I suggest whether that does not go as far as the Senator cared to go?

Mr. BROWN. No, it does not. I think between railroad companies, when they are transacting business with each other, or their officers are attending railroad conventions where they meet to consult about the common good of the respective roads, they should be permitted, as they always have been, to pass each other free of charge over their respective roads; in other words, to give free tickets or free passes in such

cases.

Mr. CULLOM. I did not understand that to be the purport of the amendment offered by the Senator.

Mr. BROWN. I have not yet read the amendment I propose in this section.

Mr. CULLOM. I supposed it was the one in print.

Mr. BROWN. No; it is one I have just prepared. I propose in line

26 of section 5, before the word "No," to insert:

But nothing in this act shall prevent the principal officers of any railroad company or companies from exchanging passes or tickets with other railroad companies for their officers and employés.

That is simply conforming to the constant usage, and I do not see that there can be any legitimate objection to it.

The PRESIDENT pro tempore.

amendment, which will be read.

The Senator from Georgia offers an

The CHIEF CLERK.

On page 6, line 26 of section 5, after the word "provided," it is moved to insert:

But nothing in this act shall prevent the principal officers of any railroad company or companies from exchanging passes or tickets with other railroad companies for their officers or employés.

The amendment was agreed to.

Mr. BROWN. Now, Mr. President, I desire to offer one or two other amendments, and I will first turn to section 20, the one to which the honorable chairman of the committee has just directed my attention. I should like to preface the motion with a very short statement. I do not intend to take much time on any of these propositions because I appreciate the value of time now and the further fact that we are to dispose of this bill this evening before we adjourn, as I understand.

It has been the constant usage of railroad companies, so far as I know anything about their management, or at least for a very long time-it has been so during the years I have had connection with them, and I think it has been for a much longer time-to grant reduced rates to the clergy of the different churches. With the exception of a few who occupy the principal pulpits of the cities, as a class clergyman are poor and receive very meager compensation. Many a time one preacher living on the line of a railroad attends three or four churches, preaching at the different churches on different Sabbaths and different days. The custom of the railroads with which I am familiar is in such cases to give them half rates or half-fare. It aids the churches very much in their support, and I think the railroad companies do not extend the half-fare very grudgingly. It is no very great burden upon them. I think it would gratify not only the clergy, but all the church going people of this country to permit that practice to continue, and it would very much mortify them to cut off that privilege.

Now, why should not the railroad companies have the right, if they think proper to do so, to grant free passes even, or reduced fare, to the clergy under such circumstances? It seems to me proper to do so, and as the bill now stands I do not think it could be done.

Mr. GRAY. I should like to ask the Senator from Georgia what there is in the bill now that would prevent a railroad company doing that thing.

I will again refer to the section that I read from a
Probably the Senator did not notice the reading

Mr. GRAY. I ask for information.

Mr. BROWN. I understand that section 5, on page 6, prohibits railroad companies that fall within the provisions of this act from collecting or receiving from any person or persons a greater or less compensation than is set forth and specified in such published rates, fares, charges, and classifications, until the same shall have been changed as hereinafter provided. When they publish their rates of fares they are bound to stand by them until they have changed them on ten days' notice, and while they are in force they are not permitted to make any distinction or discrimination in favor of or against anybody in reference to rates, fares, or classifications. "Fares" come in there, and they are forbidden from making any discrimination.

Mr. SEWELL. I will say to the Senator from Georgia that it looks to me now as if the amendment already adopted on his motion would be the limit of the power of the railroad officers. Under the section as it is amended, the railroad officer can issue passes to employés.

Mr. BROWN. If the Senator will look at my amendment again he will see that it only applies to passes granted by railroad officers, presidents or other principal officers, to other railroad officers and employés. Mr. SEWELL. It would be construed that it was the only exception allowed by this bill. The provision now cited requires that after they have fixed the rates they shall not make any exception; and the Senator's amendment makes it very much stronger than the amendment offered by the Senator from Kansas.

Mr. BROWN. It was as strong as the English language could make it. I could not make it stronger. I was proposing now not to amend that section, but to amend the twentieth section by inserting, on page 21, after the word "tickets," in line 6:

Nothing in this act shall be construed to prohibit any common carrier from giving reduced rates or free passes to ministers of the gospel.

I have some other classes in the printed amendment I offered, but I prefer to have the vote on each class separately, because Senators might be willing in one case to incorporate the amendment and not in another. Therefore, I offer the amendment now in that shape, including only ministers of the gospel.

The PRESIDENT pro tempore. The question is on the amendment of the Senator from Georgia.

Mr. CULLOM. I do not think that the amendment is necessary in order to enable railroads to allow reduced fares to clergymen; but if it does not by its adoption raise the presumption that nobody else shall have the benefit of reduced rates I have no objection to it. I think it does raise that presumption, and therefore is objectionable. Mr. BROWN. It comes in at the end of the section. Mr. CULLOM. But by presumption it precludes the railroads from doing it for anybody else.

Mr. HARRIS. I should like to suggest to the Senator from Georgia and the Senator from Illinois that if the Senator from Georgia will modify his amendment so as to say that "nothing in this act shall be construed to prevent railroad companies from giving reduced rates,' then I think it would enable them to give reduced rates; and my judgment is that under the bill as it stands they would have the right to do it if they chose.

Mr. BROWN. I can not find any provision in the bill which would seem to authorize a company to give passes.

Mr. HARRIS. Does the Senator find any prohibition?

Mr. BROWN. I think I do in the section I have read.

Mr. HARRIS. I looked at the section very closely and I could not see it.

Mr. CULLOM. I think the Senator from Georgia had better withdraw his amendment, or at least it had better not be adopted, because I think under the bill all the liberty that ought to be taken by railroads in dealing with clergymen can be taken.

Mr. BROWN. Under the bill as it stands, I take the liberty of saying that railroads can not grant passes to clergymen.

Mr. CULLOM. I differ with the Senator.

Mr. SPOONER. I should like to ask the Senator from Georgia why, when a railroad company publishes its rates, it may not publish that it will give half-fare to clergymen?

Mr. PLATT. I have been listening with all the attention I could for the last fifteen minutes, and I have not heard anything so as to be able to get a connected idea of what has been going on in the Senate.

The PRESIDENT pro tempore. The Chair again reminds Senators that complaint is being constantly made that it has been impossible in the last half hour to hear a word that has been said. The Senate is expected to take notice that the Senator occupying the floor is unable to be heard and Senators complain that they can not hear him on account of the loud conversation in the Chamber.

66

Mr. BROWN. I offer the amendment to come in after the word tickets, on page 21, in line 6 of section 20, at the top of the page. The PRESIDENT pro tempore. The amendment will be stated. The CHIEF CLERK. On page 21, section 20, line 6, after the word "tickets," it is moved to insert:

Nothing in this act shall be construed to prohibit any common carrier from giving reduced rates or free passes to ministers of the gospel.

Mr. HARRIS. I move to amend the amendment by striking out "or free passes. I do so because I am satisfied that under the bill

the companies will have that right if they choose to exercise it.

The PRESIDENT pro tempore. The question is on the amendment of the Senator from Tennessee to the amendment of the Senator from Georgia.

Mr. BROWN. I ask for the yeas and nays.

Mr. TELLER. I move to lay the amendment on the table.

The PRESIDENT pro tempore. The Senator from Colorado moves that the amendment lie on the table.

Mr. BROWN. On that motion I ask for the yeas and nays.

The yeas and nays were ordered.

The PRESIDENT pro tempore. The question is on laying on the table the amendment of the Senator from Georgia with the amendment to it.

The Secretary proceeded to call the roll.

Mr. CAMERON (when his name was called). I am paired with the Senator from South Carolina [Mr. BUTLER] on all questions. I should vote "nay" if he were here.

Mr. MCPHERSON (when his name was called). I am paired with the Senator from Michigan [Mr. CONGER]. I know not how he would vote. Therefore I decline to vote.

Mr. MANDERSON (when his name was called). I am paired with the Senator from Kentucky [Mr. BLACKBURN]. I do not know how he would vote. I should vote "yea" if he were here.

Mr. VEST (when his name was called). I am paired with the Senator from Kansas [Mr. PLUMB].

The roll-call was concluded.

Mr. VEST. I am told by the colleague of the Senator from Kansas that he would vote "nay." So I vote " nay.

Mr. KENNA. I desire to vote " nay;" and I inquire whether the Senator from Minnesota [Mr. SABIN] has voted?

The PRESIDENT pro tempore. He has voted "nay."

Mr. MCKENNA. I vote "nay."

The result was announced-yeas 6, nays 36; as follows: