The Paducah sun., 1906-04-02
COURT REVIEW
7HF OF AMENDMENTS
Agreed Upon By Friends of
Railroad Rate Bill
The Conference Was Held At the
White House At Presidents
Request.
LIKELY REPORTED TO SENATE

the house railroad rate bill, in con-
ference with President Roosevelt at
the White House, Saturday agreed
upon an amendment providing spe-
cifically for judicial review of orders
of the interstate commerce commits
ion. This amendment will probably
be presented today by Senator Long,
pronounced opponent of any amend
ment which would permit the rail-
roads to obtain review of a char
acter amounting to a retrial OF the
merits of the commissions orders.
Senators Allison, Cullom, Dolliver,
Clapp and Long, Attorney General
Moody and Interstate Commerce
Commissioners Knapp and Prouty
were called to the White House late
Saturday. Soon after they assembled
the president submitted the court re-
view amendment that was afterward
indorsed by all present. A number
OF the conferees previously had seen
the draft, but its authorship was not
disclosed. The president announced
that he had decided upon the meet
ing because he desired to ascertain
the present state of feeling in con-
gress regarding a Judicial review
feature in the legislation. 1t was
made clear that he had not changed
his views regarding the pending bill
and similar stands were taken by
the others.
The president thought, however.
that in Difference to the large num-
Der of senator's who honestly believ-
ed that the bill without such feat.
ure would be unconstitutional, the
bill should be amended If it could be
done without a surrender of the pur-
poses of the legislation. This could
be done, he believed, by an amend
ment which he then read. 1t propos
ed to strike out the paragraph at the
bottom of page IA and insert as
part of Section 16 the following:
THAT all orders of the commission
except orders for the payment OF
money shall take effect within such
reasonable time as shall be prescrib-
ed by the commission and shall con-
tinue for such period of time, not ex-
ceeding two years, as shall be pre-
scribed in the order of the commits
sion, unless sooner set aside by the
commission or suspended or set
aside in a suit brought against the
commission in the circuit court of
the United States, sitting as a court
of equity for the district wherein any
carrier plaintiff in said suit has its
principal operating Office and juris-
diction is 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 COM
of the carrier. secured by the consti-
tuition"
Discussion of the amendment con-
tinued for an hour or more. IL was
carefully analyzed to ascertain whe-
ther under its terms an order of the
commission lowering a rate could be
delayed in taking effect. Attorney
General Moody and other lawyers
pointed out that the discretion of
the commission is absolute. Without
specifically declaring against re-
straining orders. it makes it extreme
ly doubtful whether a court would
attempt TO interfere with an order
except in the manner provided.
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 29 Republican
votes for II and that there is little
doubt but that practically the en-
ire minority would support It.
1t was agreed that the amend
ment should be offered as soon as
possible. Senator Long has given mo-
tice that he would address the sen
ate on Monday. and therefore he was
chosen to offer the amendment and
speak upon ii. He will say that the
amendment meets the demands of
those who have opposed the pending
bill on the ground that without a
provision for judicial review. the
measure Is unconstitutional. and
that 1t is satisfactory to the real
friends OF the bill. Others who par
ticipated i'm the conference have
pledged themselves to support the