New-York tribune., 1906-05-05
MIR. ROOSEVELT PLEASED
APPROVES RATE Plans
allison amendment Naiees No I'm
pOrtGnt Change, He BeIieUes.
- ~ TrIbune Burean.l !

TFFom The Tribune Bureaul
washington May 4.-rhe announcement Of a
final agreement on the Hepburn bill 1vbar.b,,
the Allison amendment will be adonted NV =
solid Republican vote and the measure placed
the statutes at early date. which was
made in The Tribune this morning. is to-day
confirmed on all sides. It is everywhere re-
garded a remarkable tribute to the astute
ness OF Uncle Billy Allison" as he Is affection
ateIy called. that both sides to the CONTROVERSY
which has long rent the Republicans in the
Senate are to-day throwing up their hats ana
claiming overwhelming victory.
The specific delegation TO the Interstate Com
Tnerce commission OF the power to fix the rates
charged by common carriers in every case where
complaint is made and where in the judgment
Of the commission. the rate charged is too high
Is universally declared to be a remarkable VIC
tory for the President The change OF senti-
ment in Congress in this regard under the
Presidents guidance has been most radical
The President has taken occasion to-day 20
express 20 his friends his emphatic approval
of the Allison amendment, which was published
in The Tribune this morning. The Chief Ex-
ecutfve while explaining that he would have
slightly preferred the Long amendment believes
that the Allison amendment does not materially
alter the Hepburn bin. approved by himself
and the Attorney General and as passed by the
House The President from the first has be-
lieved that the Hepburn bill unamended con-
Ferred on the courts full jurisdiction over suita
brought 20 suspend orders Of the Interstate
Commerce Commission made pursuant 10 that
bill; that there was, therefore, no occasion eX-
plIctly TO confer such Jurisdiction; but as there
has been some difference OF opinion among the
ablest constitutional lawyers as TO whether or
not the Hepburn bill unamended did confer such
jurisdiction. it could do no harm, and might
prove judicious explicitly to confer this Juris-
diction as is done by the Allison amendment.
Moreover II those who contend that full juris-
diction was not conferred by the unamended
Hepburn bill were right then it was, in his
opinion all important that such jurisdiction
should be explicitly conferred
QUESTION LEFT TO COURTS.
The President regards it as impossible to de-
terTnine with any degree OF certainty the breadth
or narrowness Of the review OF the orders OF
the Interstate Commerce Commission. which
the courts assume they will have authority TO
conduct Personally, he believes that the courts
will conine themselves in any such review to
the TWO questions. whether the constitutional
rights OF the carrier have been infringed and
whether the commission has exceeded it's au-
thority under the law. He admits. however
that those who maintained that the courts will
deem themselves competent to review the
ders OF the commission, with view to ascer-
tanning whether the legal as well as the con-
stitutional rights Of the appellants have been
violated may be right. In any case this can
only be determined by the action Of the courts
II fs, moreover, the opinion OF the Executive
that under the Hepburn bin. amended either
with narrow review amendment with a
broad review provision the courts would take
precisely such action as they should think best
and his opposition to the broad review was
based merely on his reluctance TO erect in the
bin a guidepost which might indicate 20 the
courts the expectation of Congress that they
would conduct broad review. while his support
Of the narrow review amendment based
solely on a desire to intimate to the courts the
nne of action which would be most acceptable.
The Hepburn BILL with the addition of the
Allison amendment the President regards as
precisely equal to the Hepburn bill, and moth
ing more. and he is disposed to pay high trib-
ute TO Senator Allison for uniting the Republi-
cans in the Senate on an amendment which will
at least prove wholly innocuous. which in the
Presidents judgment is superfiuous but which
in the opinion of some able lawyers will serve
o make the Hepburn bin exactly what its advo-
Gates have always said that IL was.
SOME AMENDMENTS APPROVED.
The President assured his friends to-day that
he hoped the Lodge amendment. declaring pipe
lines 10 be common carriers and therefore sub
ject TO the Interstate Commerce act would pre-
vail. He regards with favor the Spooner amend
ment requiring the deposit with the courts Of all
excess rates which carriers may be permitted to
collect during the life Of q temporary injunction
although he does not regard this as essential, as
he believes if the necessity for such provision
is demonstrated in the operation Of the law It
can easily be supplied by subsequent amenda-
tory legislation.
There are some minor amendments which the
President would regard with approval such as
for instance, the elimination Of the words fairly
rernunerative' from Section 4 of the Hepburn
bill. and the substitution for the stipulation
thst orders OF the commission shall go into effect
within thirty days after notice 10 the carrier
the provision that such orders SHAH go into
effect whenever the commission shall prescribe,
but not more than sixty days after notice to the
carrier"
The President is glad that an agreement has
been reached which insures the enactment OF the
Hepburn bill by a practically unanimous vote OF
the Republican Senator's, and an almost unani-
nous vote Of the Senate and having won this
signal victory is utterly indifferent 10 any claims
Of victory put forth by those who have opposed
him on some amendments.
EYATTV1TH