Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-05-08
RATE BILL MODIFIED
Friends Of the Measure Gain Additional
Concessions.
ALLISON COMPROMISE is SET ASIDE
Court Review Feature Not So Broad as that
Accepted by President
POWER OF INJUNCTION is LIMITED
Two Judges May Set Aside Orders if Five
Days Notice of Trial is Given.
APPEAL DIRECT TO SUPREME COURT
IL IL Also Agreed that the rate
Making section shall Not BE
Amended as Asked by
Opposition to Bill.
POWER OF INJUNCTION is LIMITED
Two Judges May Set Aside Orders if Five
Days Notice of Trial is Given.
ppEAL DIRECT TO SUPREME COURT


WASHINGTON, May THE situation Of
the railroad rate bill took another decided
change today and AT the same time there
was an additional step toward final agree
ment as to what the judicial review amend
ment shall be The Allison compromise
proposition met with such determined op-
position from those senators who have
fought against broad court review
that, despite President Roosevelts ac-
cecptance Of it and his declaration that
other provisions he had advocated were not
vital. an agreement was reached by which
several restrictions will be placed on the
review proposition These were agreed
upon in consequence of many informal
conferences on the floor Of the senate dur
ing the debate. The result is that in re-
turn for the amendment comforting jurs-
diction of circuit courts to review orders
Of the commission, friends of the bill de
manded and by agreement of senate lead
ers will secure counter-concessions as fol-
lows
That no order of the commission shall be
set aside by an interlocutory order or de-
cree without a hearing held on the appltca-
tion therefor. unless at least five days no
tice shall be given to the commission OF
the time and place fixed for said hearing.
That such order shall not be made unless
tion is made shall concur in each inter-
locutory order or decree.
That an appeal from such interlocutory
order or decree may be taken within thirty
days from the entry thereof, but shall lie
only TO the supreme court of the United
That tho rate-maIxing section of the bill
shall not be amended.
Compromise Set Aside.
Senator Allisons return to the senate
today after a brief Illness had much to
do with the additional agreements. II was
during his illness that the compromise
proposition, which bears his name, was
given publicity To friends of the bill who
looked upon the compromise as a surrender
TO railroad interests he said the amend
Inent did not preclude further amendments
which would expedite the review He dis
posed finally OF the argument that an in
slstence for such amendments would be
breach Of faith with the conservatives
who had accepted the compromise. He did
this hy saying that there had been no
agreement, Tho effect OF this statement
was tho threatened overturning of the COM
promise and negotiations were at once
opened between the two forces.
Senators Dolliver, Long, Clapp and several
other republicans who had opposed the
amendment declared that II the Allison
compromise was adopted 1t must be fol-
lowed with the provisions before stated.
Senator Allison aided them in their cam
paign and a majority of the democrats,
loud In criticism of the action OF the presi-
dent I'm declaring that the Overman amend
ment was not vital. Joined the ranks and
the whole made formidable army. The
compromise disappeared as II by magic.
Finally, Senators Aldrich. Knox, Crane,
Foraker, Lodge and a number OF others
baN ~ Allison arnpndunput
adopted they would consent TO the adoption
of some such amendment as that offered
by Senator Overman providing for notice
10 the adverse party before preliminary in
functions are issued suspending orders of
the Interstate Commerce commission and
that offered by Senator Bacon, providing
that such preliminary order shall be con-
CURED in by two judges.
They agreed further that appeals from
such interlocutor'y orders or preliminary in
functions should be made direct to the su-
preme court.
Rate Section Not Amended.
Friends of the bill held out for still
another amendment and that was that sec
tion of the bill, which amends section IS
of the Interstate Commerce act should be
left as It passed the house. The conserva-
tive faction demurred at this suggestion.
the commissioner shall make rates which
in its judgment shall be just and reason
able. The conservative faction desired to
strike out the words lin it's judgment"
The friends OF the measure declared that
this would compel the courts to review the
action Of the commission as to the business
and ressonableness Of the rates fixed. Under
the language Of the house bill, they believe
that the courts will not review that ques-
tion.
After the adjournment OF the senate to-
day Senator's Aldrich, Knox, Carter Hop
kins, Cullom, Fulton and Crane met in
Senator Aldrich's committee room. The
conference lasted nearly an hour Both
factions were strongly represented. AT the
conclusion Senator Aldrich stated that the
bill would be passed with section left as
IL came from the house. One OF the argu-
ments that accomplished this result was
the action Of several senators in pointing
out that Senator Knoxs railroad rate bill
authorized the commission to hx rates
which in it's judgment were Just and reason
able and that the same language appeared
in the Massachusetts, statutes.
The conferences today. il il believed.
have about disposed OF the points In dis
pute. The agreement reached by repub-
lican leaders is a concession TO the demo
Gratis.
The amendment providing for the giving
Of notice of hearings for injunctions was
first offered by Senator Oyerman. Senator
Bacon originated the proposition for the
hearing Of such applications by two judges
and several democrats introduced amend
ments providing for appeals direct 10 the
supreme court. Senate leaders representing
both factions predicted tonight that Tee
Oppose NeWIands' ReAOINtton
WASHINGTON. May The s. nate com
rrfttee ON finance today authorsg gci an "a.