The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-02-25
HEPBURNS RECORD STRAIGHT.
ATTORNEY-GE MOODY AND
MIR. ROOSEVELT INDORSE 1T.
Letters Made Public for The BENEFIT OF me
ConBressman's Constituents saying
He Is in Accord With the Administra-
tiOn on the Freight Hate biii'

tion on the Freight Rate Blli'
Dies MONIES Ia, Feb 24.-President
Roosevelt has interposed to save Congress
man Hepburn, chairman OF the Committee
on Commerce, from the wrath Of his farmer
constituents, who had been taught to be-
lleye that Hepburn had been score tly
opposing any anti-railroad or freight rate
10 gislation and had antagonized the presi-
dent. The refutation was made In JOINT
debate with Henry Wallace, an editor at
Corning. Attorney General Moody wrote
the following letter. to which the President
also subscribed and added postscript
OrPIcB oy THE ATTORNEY GENERAL
WASHINGTON, d. c., Feb. Is. 1905.
My DEAR Col HEPBURN You write ask
ing me II ! can properly say to you whetnert
In the proposed amendment 10 the inter
state Commerce law. your atntune has
been adverse TO the recommendation maze
In the Presidents message or otherwise
gee no reason why cannot answer your
letter and give the information you desire
The Presidents message contained two
recommendations; first that the com
the future rate for the transportation OF
persons and property, II the rate In force
should be found unjust or unreasonable;
second that the rate as fixed by the COM
mission would go into effect OF its own force
subject TO a review by the courts of the
United States
1t is obvious that neither Congress, nor
any agency created by Congress, can with
draw from the courts the right TO condemn
any rate fixed by the commission upon the
ground that II Is confscatory OF property
OF the railroads You conferred frequently
with the President and me about the draft
of bill which should put into effect the
re datons.
The bill subsequently introduced by you
was the result OF those conferences, and
was In all substantial parts. except as herein
stated. drawn in this Department, and was
the recommendations Of his message.
The only material change was the sub
stitution OF sixty for thirty days. 1t was
your view that. for the purpose OF expe-
diting the action OF the courts, special
Court OF Commerce should be created and
you desired that some one In this Depart
nent should draw form OF bill to create
such q court and confer upon 1t such pow
ers rs it might need In the performance OF
its duty. This was accordingly done in a
separate bill which you Incorporated In
your bill.
At all times take pleasure in saying you
have exhibited an earnest desire TO deal
with this important subject In way which
would conform with the letter and the
spirit of the Presidents recomm endations
very llulN ypilei
WILLIAM H. MOODY
Col " p Rslburn.
Houss OF Representatives.
Mr. Roosevelt read the letter and volun-
tarily appended the following in his own
handwriting ndorsing the attitude OF
Col Hepburn as to railroad rate regulation:
| cordially concur in the above. Col.
Hepburn. like Senators Allison and Deliver,
has aided In every possible way In this
rate bill and when il seemed possible to
expedite the bill by dropping his own meas
ure and pushing the Townsend measure,
which achieved substantially the same
result he at once followed this course
We have all been after the same result,
and am very certain we will in ne end
achieve it, from the very fact that we are
striving in the spirit Col. Hepburn has
shown In this affair. spirit which is con-
cerned with getting the substance and
which is, therefore, entirely willing TO make
concessions on unimportsnt differences of
detail THEoDoRE ROOSEVELT.