The sun., 1906-02-19
PRESIDENT FOR HEPBURN BILL
TAKES A STAND IN OPPOSITION
TO SENATE LEADERS.
Apparently Determined o Insist on the Pro.
vision Permitting the Courts to Pass
Only on the Law and Not on the Com
MISSIONS Findings Regarding Rates.


WASHINGTON, Feb. Is-President Roose-
welt, who had frequently expressed him
self as open minded" concerning the ques-
ton OF granting legislative authority to
the Federal courts to pass upon the reason
ableness of railway freight rates fixed
by the Interstate Commerce Commission.
has apparently determined to stand by the
provision in the Hepburn bill passed by
the House permitting the courts to pass
only on the law and not upon the commits
son's findings of fact, which are entirely
unaooeptable to most of the Republican
leaders OF the Senate.
The situation that will be created by this
attitude Of the President and the equally
determined attitude Of the Senate leaders
promises to bring about fight between the
Senate and the Executive that will make
the chances of rate legislation very TN
certain.
The President has been told In behalf OF
conspicuous opponents in the Senate OF
what is known as the Administrators
plan of rate regulation that the rate bill
would be fought in that body in case the
President insisted on granting to the courts
anything less than power of full and
complete review of rates declared by the
Interstate Commerce Commission.
The President replied that the advocates
of limited power Of review would be quite
as ready TO fight for what they regard as
the only sound policy in connection with
the effort to secure just and effective regu-
lation Of rates by the Federal Government.
Mr.. Roosevelt has told Senators and
MANY other PERSONS that he has not at
tempted to dictate the terminology OF the
rate bill, his preference being that the form
of the Hepburn bill should be kept. He has
taken occasion to express to those Senator'S
and Representatives who have conferred
with him that he cares very little for the
form Of the bill if the essence, as he termed
it, is preserved.
He has pointed out that there are two
or three minor points as to which he thinks
amendments may possibly be made with
| advantage. Among these, for instance
is an amendment leaving the time within
which regulation is to 20 into effect to the
discretion of the Interstate Commerce
| Commission, instead of fixing a limitation
OF thirty days.
The President has felt, as voiced to those
with whom he has talked recently, that
| there are arguments both for and against
tho proposal that if a stay is granted the
railroads should be required, pending the
decision, to pay into the court the differences
between the rates as they exist and the rates
as they will exist if the commissions ruin
| is sustained
The President in his conferences has en-
phasized his view that the main point is
the appeal to the courts. According to
the views the President has expressed, the
Hepburn bill provides for such appeal, ana
30 does every other bill in both houses
The President holds that the proposal COM
ing from those who are dissatisfied with
the Hepburn bill provisions looks to COM
plete retral of the case by the courts, both
as to the law and the facts, and in this the
President does not believe.
He believes. as outlined in his speecl
before the Iroquois Club in Chicago las
May, that the appeal to the courts should
| be only to test whether the order OF the com
mission is in whole or in part confiscatory
and also to test the legality of this order.
The President is entirely Indifferent ~
to the form of the provision in the bill 81
! long as the substance is as he has stated
| it in interviews with his callers. The Presi
dent has taken frequent occas ion to stat
that he regards all this as contained in th'
Hepburn bill, but does not ire as to TIT
form in which these provisions are put
provided the meaning is retained.