New-York tribune., 1906-05-12
ALLISON WINS GROUND.
AMENDMENTS ADOPTED
Senate 1pprOUes -Four Bailey De-
feqted-LG Toilette Sat On.
TFTom mo TFsbune Bureau. ]

with which the Allison compromise wiz finally
Sc adopted were clearly demonstrated In the
course Of the debate Senator Rayner paid his re-
spects TO the President in a humorous speech
and Senator Bailey charged the Executive with
qcompIete surrender" Senator Aldrich came in
Cor a considerable number Of more or less
humorous thrusts, and Senator La Toilette re-
ceived 3orcefuI reminder OF the disfavor with
which he is held by his party colleagues. The
arst four OF the amendments contained in the
Allison compromise were adopted without divi-
don. leaving four still to be acted on.
When Senator Bailey moved the adoption Of
his amendment prohibiting the granting OF a
temporary Injunction. interIocutory decree or re-
sfEaining order, against an order of the Inter
state Commerce Commission, pending the rem
dsring by the court of final decree, he devoted
his allotted fifteen minutes TO a speech in which
he arraigned the President for having COM
peteIy surrendered to the advocates Of a broad
review. Despite the alleged strength Of the
Bailey proposition it was defeated by vote of
50 TO p. The only Republicans who voted for
the Bailey proposition were Senators La Fol-
lette, Hale and Burkett while eight Democrats
Senator's Bacon, Clark. Of Montana Culberson,
Daniel. Morgan. Newlands. Pettus and Talia-
Serro--voted against the proposition
little later Senator Rayner moved the adop-
ton Of an amendment. restricting the authority
OF the courts TO review the orders of the Inter
Efate Commerce Commission to the two oues-
lions whether the constitutional rights of the
appellant had been infringed and whether the
commission had exceeded its authority, this be-
ing the proposition contended for all along by
the advocates Of a narrow court review" The
amendment was rejected by vote Of So to "a
Ny La FoIlette was the only Republican to vote
for the Rayner proposition. while Messrs Nc
Enerney. Foster. Morgan, Pettus and Clark OF
Montana CDemocrats) voted against it. This
vote may be accepted as demonstrating the
strength Of the Allison compromise PROPOSE
tion.
SAYS PRESIDENT WAS TRAPPED.
Speaking 10 his amendment, Mr. Rayner
caused a hearty laugh when he declared that
unfortunately the President is so constituted
that he cannot look al a trap without foong
with the spring" Mr. Rayner alleged that the
President had been caught in a trap set for him
by the senior Senator from Rhode Island Mr.
Aldrich; that he had seemed almost to extricate
himself at one point. but that he had persisted
with his experiments and had finally ensnared
himself beyond escape, and the Republican ma
3ority is now engaged in aligning itself with the
President" added the Senator from Maryland
Mr.. Rayner declared that the first emissarv
from the White House had been Senator Long
who came bearing. duly signed and authorized
credentials and narrow court review amend
ment but that the Executive was either too
weary or TOO impatient TO await the happy re-
suit Of his first ambassadors effort for little
later the senate had witnessed the appearance
Of another royal ambassador IN the person Of
the senior Senator from Iowa. who not only
brought Guly signed and authenticated creden-
'ials. bur whose papers had absolutely indispu-
table authority from the coat Of arms of the
State Of Rhode Island
The situation is quite clear" said Mr. Ray
ner. The President is now clasping to his
bosom the senior Senator from Rhode Island
You have in the Allison amendment the
hroadest court review it is possible to devise"
concluded the Senator from Maryland
Senator Long Immediately took the floor and
refuted the argument Of the Senator from Mary
land, although he surprised his colleagues by
saying that II Mr.. Rayner would offer the Long
amendment he would vote for it. Senator Ali
son followed the Senator from Kansas.
Mr. Allison declared that he and the Presi-
dent had received credit for that which they did
rot deserve. as neither Of them was the author
q the so-calIed Allison amendment.
Mr.. Allison insisted that the Rayner amend
nent was practically the same as that offered
BY himself. ard that this fact could not be
changed by any amount Of defamation He de-
clared that orders Of the commission under this
bill would have the force and power of legis
lative enactment. that they would Of course he
subject 20 review by the courts, and that tbe
oonfeTT1ng Of Jurisdiction 10 review such enact
ment did not lie in any amendment. but enan-
a1ed from the Constitution The Senator said
that 20 talk OF a broad review and a narrow re-
view was 20 talk nonsense. The law calls for
e just and reasonable rate" and a lust and
reasonable rate was only another name for
nat just compensation" which the Constitu
don presGibes that every man shall receive for
his property. and only as 10 that would any
court inquire. He said:
The test Of this law IS its constitutionality and
whether the commission has exceeded lie an
thoT4ty. There can be no either tfoughf II
oOss not require lawyer OF many wears stand
ing 70 know that the contentious Of the Senator
venture 10 assert that no court will sustain his
argument an -''7
BAILEY TAKES A TACK
Senator Bailey advocated the Rayner amend
nlenf despite the fact that earlier in the course
OF tne DEBATE he advocated the broad court re-
view he charged the President with uncondi-
hohal surrender, and paid his respects 10 Senator
Aldrich' OF whom he said that he "alvyavs knew
what he wanted, and generally got II"
Senator Money declared that the Allison cam
promise was victory for Mr. Aldricb. saving.
The Senator from Rhode Island has M obtec-
ton whatever 70 the President winning the game.
provided he Or. Aldrich) gets the stake
3Ir Morgan spoke against the Rayner amend
ment and supported the Allison proposition IN
e brief, but effective speech He characterized
the discussion OF the Hepburn bin in the Senate
Rs a magnificent and tremendous debate" He
said that every one is agreed that the rate 10
be prescribed by the committee must be Just