New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-02-11
SENATE RATE HEARING.
TALK OF COMPROMISE.
Main Differences on Question of
Courts Re1iesc of Orders.
lFnom ne tribune Bureau. ]

Washington, Feb. I0-Three OF the most I'M
portant subjects pending in Congress- viii bs
advanced stage IN the Senate next week The
Ship Subsidy bill, according TO agreen IA VIII
be voted on Wednesday afternoon and sent over
TO the House. The Statehood bill Will % taken
up Immediately afterward and made the unfin-
fshei business. and viii become the subject OF
daily debate every day at ? O'clock with the
likelihood OF a favorable vote within a week
The Railroad Rate bin will be reported from the
committee on Friday and take its place on the
calendar A strong effort is being made to har-
monize the conflicting views Of Senators so that
n unanimous report may be made. Senator
Lodge win make speech Monday on the rail-
road rate question.
With all sorts OF compromises rumored. the
Senate Committee on Interstate Commerce to-
day resumed consideration OF railroad rate bills
under the agreement 70 meet daily until Friday
when vote win be taken.
The rupture in the committee yesterday, when
Senator Clapp withdrew and Senators Dolliver
and Aldrich INDUCED in q heated controversy
over the character OF the amendments o1ered'
was snoothed over. temporarily at least Sen
ator Clapp, however. not present to-day.
The consideration OF the bill yesterday was
confined 10 Section l. which IS not the rate max
fng section. Advocates OF the bin Insisted that
the provisions over which the real differences
arose should be taken up seriously This mad
reference 10 Senator Delivers taking the COM
rlittee 20 task for Its '1evity" in considering
railroad legislation.
DIFFERENCES OVER COURTS.
The chief differences are over the court feat
ures and involve the right OF the railroads to
have the rates hxed by the commission reviewed
by the courts before they become operative.
Certain opponents Of the House bill who have
been oontending for specific recognition of that
right hsve suggested another and, supposedly.
more moderate amendment This provides that
the courts may determine the lawfulness OF a
rate fixed by the commission. which would
amount to a test proceeding and have bearing
on all subsequent orders Of the commission.
In effect this would mean that after the con-
stitutionality Of the powers given the commits
sion had been determined by the highest court,
nothing would stand in the way Of the execution
OF the further orders issued by the commission
in accordance with this construction. The rail-
roads. Of course, would have the right of any
ntigant 10 contest orders which they believed to
be unjust but this would not obstruct the con-
rinuance OF the orders on any ground except
their lawfulness. Courts would review the rea-
sonabIeness Of rates in the manner permitted
by the House bill.
How acceptable this proposed amendment will
be 20 the majority OF the opponents Of the bill
has not been ascertained, but Senator Aldrich
IS said 10 favor it. II is a compromise only in
that It provides for the determination Of the
consttutionality Of the bill before its provisions
are enforced. It is generally believed that If
adopted il would result I'm the greatest legal
contest in the history Of the courts.
Some Senators not on the committee regard
the proposed compromise decidedly radical
rather t5lan moderate. They contend that II
would subject the law TO defeat in the courts.
The danger Of having the legislation depend on
a test case necessarily involving at most only
an integral part of the question is looked upon
hy them with suspicion
The session OF the committee to-day continued
until $50 ,. m when an adjournment was
taken until Monday. The discussion was con-
fined 10 Section ], and principally to the defni-
ton OF the word transportation" Chairman
Knapp Of the Interstate Commerce Commission
was before the committee TO explain his under
standing OF the word. lie took the position that
81 was not ambiguous as applied TO common car
Iiers. and that it did not include Pullman cars
and express lines. No agreement was reached.
number Of the Senators taking the position
that it might include automobiles or other
means Of transportation not now intended to be
regulated by the bill.
Senator TIllInan offered an amendment to ex-
empt Pullman cars and express companies. He
said that, In view Of the uncertainty as TO
whether they would be included in the definition
Of transportation lines he would offer the amend
ment 10 make certain that they would not be.
No vote was taken on the amendment
REPUBLICANS PLAN COMPROMISE.
Republican members OF the committee except
Senators Dolliver and Clapp, who are committed
TO the House bill held an extended conference
after the meeting OF the committee. They en-
deavored TO draft an amendment providing for
the review Of orders Of the Interstate Commerce
commission which would be likely TO receive
hhe favorable consideration Of opponents OF a
feature OF that character. When the committee
meets on Monday these lbers eXuect 10 offer
81 amendment in terms similar to the provis-
ions OF INC Esch-TOwnsend bin as il passed the
mouse 1hey expect TO show that no question
has been raised against the review feature until
ulls session, and if, vie that argument they
cannot obtain favorable action in the cor1nnjttee
'nsy announce they will appeal to the Senate
Later next week. when the discussion of the
StaIehood blll begins in the Senate Messrs
horaker ana Beyerdge will be heard In ex-
scutive Session in the week Senator Foraker viii
urge The ratification Of the Isle of Pines treaty
WIN Llls programme OF business before the
Senate that body VIII monopolize the atteDtion
Aua1 mas recently been centred on the FIOuse
il Is realized that the House has already dis
posed or the greatest problems with which 4,
VIII nave 10 deal AT this session. Speaker Cam
non and the House organization hava ,p.5a
great record in the manner IN which, The PbtIin
pine tal1u bill. tho Joint Statehood hin and the
railroad Rate Regulation bills have taan
handled The House viii take I'D the For+iHca
tons BIZ Monday and other annronrsst ton
bills viii occupy its attention during NJ 1,~eaI-
The ARMY Appropriation bin is likely Ia 1aLa
some Time, because OF the new Legislation Nc
1850 IL II one or It's provisions abolishes the
Eiaoe OF lieutenant general ana prevents the re-
iuement or br12adier generals at their own re
quest until they shall have served one xaar in
that capacity