The citizen-Republican. (Scotland, Bon Homme County, S.D.) 1???-19??, 1906-04-05
LIMITED REVIEW BY
COURT AGREED AGREED T T0
President and His Advisers
Announce Maximum Of
Concessions.
TO FIX LINE OF CLEAVAGE
Senators Will Now Show by Their Vote
on This Amendments Whether They
Favor Any Railroad Resu-
lation or Not.

Washington, d. c. April 4.--conced-
ing a court review clause, President
Roosevelt has had one drawn in line
with his view and has made 1t clear
that no further concession In that par-
ticular line will be mad in regard to
railroad rate regulation.
1t is now a question in the senate
of announcing to the whole country
whether the members are for or against
Roosevelt and his railroad rate policy.
to be determined by the vote on the
amendment. 1t was drawn by Attor-i
ney General Moody and Endorsed Sat.
urday at a White House conference by
the president, Senators Allison, Dolli-s
yer, Long and Commissioners Prouty
and Knapp, of the Interstate
commission.
The Amendment.
The court review amendment which
was today introduced by Senate Long,
of Kansas, is as follows:
That the orders of the commits
sion, except orders for the payment
of money, shall take effect within
such reasonable time as shall be
prescribed by the commission and
shall continue for such period OF
time, not exceeding two years., as
shall be prescribed in the order Of
the commission, unless sooner set
aside by the commission or sus-
pended or set aside by the order or
y ~ u thS SoNN
United States in a suit maintained
against the commission as defend
ant by any carrier against whom
the order may be directed.
The court in. such proceedings
shall have jurisdiction to inquire
whether the order of the commission
was within its authority to make
and whether 1t does or would oper-
ate to take. away from the carrier
any right secured by the constitu-
ton OF the United States, and the
court is given jurisdiction to make
decree affirming or vacating such
order.
With the right Of review taken as
the unQuestioned line Of cleavage in
the senate, it was deemed best by the
conference to divorce this from all 9TH
er questions and to submit to the sen
ate q plain, easily understood amend
ment which would represent the max
imum concession the president was
willing to make and around which the
friends Of the bill could consistently
and persistently rally.
Settle This Point First.
1t was decided, therefore, not tC
press the Whole CoWen amendment al
this time for fear of diverting attention
and losing votes on account of possible
differences of opinion owe minor sec
tons not essential to the court review
theory.
OF course, the other eatures of the
~ l''Sri ~ WIZ ilo
from time to time, but it is desired that
this amendment should be adopted OF
defeated before any attempt is made
to agree OF other sections Of the pro
posed railway measure.
The Long amendment, it will be OBJ
served, uOeS not go into The
question of interlocutory order MOI
attempt to define the duration of suS.
pending q rate fixed by the commission
These other features will be embodied
In separate amendments. Until the
bare question of the right of review
by the cour is settled BY the senate
it would be idle to attempt to define
the authority of interlocutory order!
and temporary injunctions. Beside!
that much of the value of Il temporary
Injunction and the method of it's an.
plication is dependent upon the gen
eral rules of practice of the United
States court, and it is believed that il
lily be guided by the letter and tn
spirit of the law it is interpreting.
Terms of Long Amendment.
Under the terms of the Long amend
ment several important things ar
comprehended in spite of its brevity
The president has been for some tim,
convinced. for instance, that it Wa
unwise TO fix a specific time within
which the order of the commission shall
go into effect.
Railroad men and others pointed on
in IN cases it would be wise to max
the order effective almost at once an,
in other cases to give an eXtremel
long time for preparation. The Lon
amendment leaves it within the discre
ton Of the commission as to when it
orders shall become effective.
Furthermore, the commission is give
authority to fix the limit of the opera
ton of that rate at any time within tw
years, so that it viii be able to max
temporary rates to meet particula
Z emergencies.
In the district our review section {
the Long amendment it is intended t
, give to the courts specific authority t
review the action Of the commission
not as TO whether the rate question wa
reasonable or unreasonable, or Whethe
It would pay dividends on Watere
stock, but merely whether the commi!
sion had acted within it's constitutions
authority or whether the rate, If pl
into effect, would tend to confisclte tf
property of the railroads and thus vic
r ate the familiar prohibition of the COZ
stitutiOn of the United States again!
taking property without due process
law.
{ Court Jurisdiction Limited.
> There is in the Long amendment ais
t q distinct recognition of the rights
| the circuit court to suspend an ord.
of the commission fixing Il rate. TT
: jurisdiction of the court being limit
G in effect to the constitutional uuestio
: however. nc circuit judge would su
pend an order unless there was a priu
facie case presented to him so strol
as to raise the presumption tina Il