The Montgomery advertiser., 1906-04-01
AMENDMENT
 IS AGREED ON Court Review Feature of
 Rate Bill. CONFERENCE AT WHITE HOUSE President Roosevelt Submits the
 Proposed Change. Discretion of the Commission is De- clnred to Be Absolute as to
 Delay in the Taking Ef- feet of order.
CONFERENCE AT WHITE HOUSE


 the House railroad rate bill In confer White House today agreed upon an amendment providing specifically for judicial review of orders of the Inter state Commerce Commission. This l amendment will be presented Monday by Senator Long, pronounced op- ponent of any amendment which would permit the railroads to obtain a review of a character amounting to a re-trial of the merits of the Commissions or der.
 Senators Allison, Cullom. Dollivere. Clapp and Long. Attorney General Moody and Interstate Commerce Com called to the White House late this afternoon. Soon after they assembled the President submitted the court re- view amendment that was afterward endorsed by all present. number of the conferees previously had seen the draft but Its authorship was not dis closed
 The President announced that he had decided upon tho meeting because he desired to ascertain the present state of feeling in Congress regardingta Ju- dicial review feature in the iegisla- ton. It was made clear that hs had not changed his views regarding the pending bill and similar stands were taken by the others.
 The President thought however. that in deference to the large number of Senators who honestly believed that the bill without such a feature wout , be unconstitutional. the bill shouis 4 amended if 1t could be done wit at a surrender of the purpose of the i&g- islation. This could be done. he be- lieved, by an amendment which he then read. It proposed to strike ouf the paragraph at the bottom Of psgs fourteen and insert as part of sec. ton sixteen the following
 The proposed Amendment.
 That all orders of the commission except orders for the payment Of money shall take effect within such reason able time as shall be prescribed by ths commission. and shall continue for saeh period of time not exceeding two years as shell bc prescribed in the order ci the Commission. unless sooner srt aside in suit brought against the Commission in the Circuit Court of ths United states. sitting as court ai equity for tho district wherein aus carrier, plaintiff in said suit. has It. principal operating office and jurisdic- ton in hereby conferred on the Circuit Court of the United States to hear and determine in any such suit whether the order complained of was beyond the authority of the Commission or in vio- lation of the rights of the carrier SC. sured by the constitution" Discussion of the amendment con- tinued for an hour or more. It was carefully analysed to ascertain whether under it's terms an order of the Com mission lowering a rate could be de layed in taking effect. Attorney-Gen- eral Moody and other lawyers pointed out that the discretion of the Commis- sion is absolute. Without specifically declaring against restraining orders, Il makes 1t extremely doubtful whether a court would attempt to interfere with an order except in the manner pro vided.
 When the President asked whether an amendment of that character would be adopted by the Senate, the Senators present said they thought they could promise twenty Republican votes for 1t, and that there is little doubt but that practically the entire minority would support 1t.
 It was agreed that the amendment [ should be offered as soon as possible. Senator Long has given notice that he would address the Senate on Monday and therefore he was chosen to offer the amendment and speak upon it. He will say that the amendment meets the demands of those who have oppos- ed the pending bill on tho ground that without q provision for a judicial re- view the measure is unconstitutionas and that It Is satisfactory to the real friends of the bill. Others who par tIcipated in the conference have pledg- cd themselves to support the amend ment They believe If 1t is shown that there is a majority of the Senate in favor of the measure the bill as 1t is proposed to amend 1t will be adopted practically by full vote of the Sem at