New-York tribune., 1906-04-19
BAILEY Plan Fails.
democratic Conference Shoes His
Amendment Cannot Pass.
TFrom The rribane Eur eau.l


washington, April 1S-The conference of Demo
cratic Senators here to-day proved the mpossbility
u aooihg TO the Hepburn bill the Bailey amend
thehl' providing that no interocutory Injunction
1sA4i'st an order of the Interstate Commerce Com
mission snail be issued before final decree is
handed down by the courts Sixteen Democratic
senators are prepared 10 vote for the amendment
ana its friends believe that eight more votes can
DC OpIalheo. put they admit that not more than
I"ehly-four affirmative Democratic votes can be
counted on This number would prove insufficient
10 secure the adoption Of the amendment even II
the nrteen Republican Senators who have thus far
opposed any provision for a broad court review
could be counted
II was said IN the conference +bs. p-a.,ae,t
Roosevelt had said that twenty Renubl;can SEN
ators would support the Bailey amendment II the
minority could furnish enough more votes TO insure
us adoption. Those conversant with the views OF
the Republican members OF the Senate assert with
great confidence. however. that only one Repub-
ucan Senator La Toilette, will vote for the adou-
ton Of the Bailey proposition. There are fifteen
Republican Senators who known TO uphold the
Long against the Knox amendment but of
this number Senators Long. Allison, Nelson. Clapp
and Doiver have declared their intention of voting
against the Bailey proposition
BROAD PROVISION LIKELY.
With the Bailey amendment out of the way,
twelve Democratic Senators Will probably vote for
the broad court review provision, that with the
thirty-nine or forty Republican Senators who re-
pear TO be hfty-one votes. six more than ma
jor1ty for the Knox amendment CT for the Long
amendment with the Knox suggestions added, which
amounts TO the same thing.
Like all Democratic gatherings to-oay-s meeting
was characterized by abundant discussion Finally
II became obvious that no could be reached IN
the usual manner and Senator T1llman determined
TO poll the Senators present the second provision
OF the Bailey amendment. Mr.. Bailey having pro-
posed drop the first half This left the following
question before the conference:
Shall the Hepburn bin be amended by the add
ton OF a provision which shall declare that no in
terlocutory injunction shall issue until the final de-
cree is handed down by the court? In other words,
shall the courts be prohibited from issuing tenn
porar injunction against order Of the Interstate
Commerce Commission, pending the final decision
OF the court? On this question sixteen Senators
voted in the affirmative They were Bailey, Berry,
Blackburn Clarke, Of Arkansas; Clay, Dubois,
Foster Ilatimer McCreary. McIaurin, Money,
c,veruan. Rayner. simmons Teller and Tfman.
Senators Daniel Frazier and Martin asked for fur
ther time.
WALK OUT OF CONFERENCE.
Senators Culberson and Bacon declared their op-
position 10 the amendment and walked out Of the
conference.
Senator Clark Of Montana, voted NO" explain
ing that Il was his conviction that were Congress
IN restrict the right of the courts grant a
porary injunction in OF this class such re-
stricton would under pressure from me labor
unions, be applied 10 labor disputes Strikes etc
Senator NewIands said that he favored a milder
restriction" =" and Senator Morgan announced his
opposition TO the amendment on the ground that
he believed the entire Hepburn bill 10 be uncon-
stitutional
The friends Of the Bailey proposition believe that
zre Il 70 come TO q vote In the Senate they could
,,,,+ - .41 tive votes from Senators Martin
Carmack. CIearin. German. Mallory Patterson
Stone and Taliaferro, al of whom were absent
from the conference
It is believed that the practical disposal OF the
F2aue,, nroposition will greatly simplify the rate
,.-,.-to- and that no great time viii now elapse
before a day can be agreed on for the final vote
Senator La Toilette IS expected to address the Sen
- - +ba subject tomorrow ana next gay ana
g. sunday the Senate will listen 10 euiosles OF
senator Orville H Platt II IS proboLe 'nae nSe Se
ei,ing 10 senator Bailey not because any durenSr
IePIyiS are necessary to defeat the Bailey amend
hPee. 17,,+ because the Senator from wisconsin
me-, Z 10 controvert finally and effectua!Iy me
,1~6nositon that Congress can at "4lA OU' 'ii ''i
srdicial mower Of the courts