The Senate left its tobacco bill hanging last week on the question of what level of liability the industry should accept as states press their health care cases against cigarettes. Before Senate leaders allow the two ends of this debate to beat up the middle, they should examine other ways of ensuring that states can be adequately compensated.

The liability cap under Sen. John McCain’s bill began at $6.5 billion a year, in addition to the approximately $530 billion that Big Tobacco would be paying to raise the cost of cigarettes and fund anti-tobacco and cessation programs. That later was pushed up to $8 billion. Strong anti-smoking advocates, such as Sen. Ted Kennedy, want no cap at all as do, surprisingly, senators who want no bill at all, such as Sen. Phil Gramm.

Sen. Gramm and his colleagues know that the overall bill will lose support if the cap is removed and so joined more liberal members of the Senate on this issue, hoping to kill it. The amendment will be voted on after the congressional Memorial Day break. Before they narrow the question just to the cap, however, senators might look at other means of achieving an agreement.

One way is through what is known as a look-back provision, which allows Congress to check on the effectiveness of the anti-smoking campaign and toughen the deal, within limits. Sens. Olympia Snowe and Susan Collins cosponsored an amendment by Sen. Richard Durbin that would raise the penalty and the liability cap if the smoking reductions do not work. This gives the anti-smoking members what they want — an opportunity for higher liability — while keeping the middle on board the agreement.

The other issue of concern is the level of mandated price increase for cigarettes — $1.10 or $1.50 per pack, over a short time or as long as five years. Big Tobacco is trying, so far without success, to make this into a tax-and-spend debate. The point is this: A sharp price increase has shown to keep teens from smoking. It no doubt is a financial burden to addicted smokers, but the cessation programs the added cost could fund would in a very short time not only save money for smokers, they might also save their lives.

Senators visiting their homes states this week have the makings of a strong tobacco bill waiting on their desks in Washington. A sincere effort combined with a well-placed push from Senate leaders should produce legislation they can be proud of.