The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-05-08
Compromise Has Been Reached
on the Rate Bill.
1t Is Put in Writing and Signed
by Leaders.
KNOCKS INJUNCTION
Until There Has Been a Hearing
of Both Sides in Court.
Appeal Lies Directly to Supreme
Court Alone.

Washington, May 8-Conferences in
the senate yesterday which resulted in
positive agreements on six propositions
% be Incorporated in the Allison amend
ment to the railroad rate bill were rati-
fed today by additional conference OF
senate leaders representing all Repub-
hcan factions. That there could be no
further misunderstanding these data for
the basis of the agreement were pre-
pared and exchanged
The Allison amendment is to comprise
ak propositions:
First. the words fairly remunera-
tive in section four Of the bill, to be
etrics.-n n out.
Second, the words in its judgment
In the same section are to be retained
Third. jurisdiction is vested in the
United States courts to hear and deter
mine suits against the commission
Fourth, no preliminary injunction or
tnterlocutory order is to be granted
without hearing and notices.
Fifth. the application for prelim-
mary injunction OF interlocutOry decree
is to be heard by three judges
Sixth, a direct appeal from the inter
locutory order or decree to lie only to
the supreme court of the United
States"
Under the first and second clauses of
the agreement the rate making section
of the bill will authorize the interstate
commerce commission when after full
hearirS it shall be Of the opinion tn f
rates are unjust or unreasonable, or IN
justly discriminatory or unduly prefer
entail or preju ,icial ITO determine and
prescribe what viii, in its judgment, be
the just and reasonable rate or rates,
charge or charges, to be thereafter ob-
served in such cases as the maximum
to be charged
The third clause is the original Ali
son compromise amendment and simply
cOnfers jurisdiction on the circuit courts
to hear and determine suits against the
commission. The fourth, fifth and sixth
clauses place certain restrictions upon
the granting of injunctions and provide
for the appeal from such orders direct
TO the supreme court.
Notice was served by Senator Allison
on the conservative forces headed by
Senators Aldrich. SpOoner Crane,
Lodge Knox. Foraker and others that
he would not offer any amendment
that was not satisfactory to his col
league. Senator Dolliver, and to Sena-
tors Cullom and Clapp. who fought
against amendments to the house bill
when it was pending before the com
mittee on interstate commerce. The
stand taken by the senior Iowa sena-
tor upset the former alleged agree
ment He made no secret of his be-
his illness to attempt to force through
an amendment which was offered sole
ly as a basis for compromise and not
ms full agreement of the cOntroverted
questions. When it was made clear
that Senator Allison did not believe
the amendment given his name would
reach all of the questions, negotiations
were reopened and the final agreement
on all of the points involved was reach
ed at the conference last night which
-ff TeI hx-E AI1Tfr17
ter. Knox. Cullom. Crane, Fulton, Hop
Eins and SpOOner.
The questions which needed final ad-
5ustment at the conference were those
relating to section four of the bill re-
faining the words Gin its Judgment and
striking out the words fairly re-
munerative" and relating to the num-
her of judges authorized an application
for interlOcutOry or preliminary in
junction Tt was determined originally
that the Bacon amendment should be
adopted This would provide for a
hearing before two judges. Later it
was decided to apply the expediting a ct
YaEsed to facilitate action under the
Sherman antitrust act to hearing on
applications for such preliminary de-
orees or orders. The action OF the con-
ference was agreed to today by senate
leaders representing all of the dis
putant factions.
In the Senate.
Washington. May S.-Discussion of
the EIkins amendment to the railroad
rate bill was resumed in the senate to-
day This amendment proposes to
prevent interstate carriers from own
ing and operating coal mines or deal
ing in commodities which they trans
port
Senator Cullom presented the Alli-
son amendments TO the railroad rate
bill They viii be printed and lie over
until they are reached in their regular