The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-04-03
PRESIDENTS AMENDMENT In.
1T HAS NO SHOW OF BEING EN-
ACTED INTO Law.
Confers Jurisdiction on Federal Circuit
Courts to Try SHIFTS Brought by Carriers
Against the Enforcement OF Rates
Fixed by the Interstate Commission.

Fixed by the Interstate Commission.
WASHINGTON, April 2.-When the Senate
bers left the Capitol for their residences
it was apparent to those who had spent
the day In making a careful investigation
into the chances for the adoption Of the
Administrations limited court review
amendment to the Railway Rate bill, APP
proved at Saturdays White House con-
ference and introduced in the Senate to-day,
that the amendment has no show Of being
enacted into law. No doubt apparently re-
mains that only a handful Of Republicans
will support the amendment, and it'seems
to be certain that it will not have the votes
Of a considerable number Of Democrats.
The amendment follows:
That all orders Of the commission, except
orders for the payment OF money, shall take
effect within such reasonable time as shall
be prescribed by the commission aud shall
continue for sioh period of time. not ex.
ceeding two years. as shall be prescribed In
the order OF the commission, unless sooner
set aside by the commission or suspended or
set aside in a suit brought against the COM
mission in a Circuit Court OF the United States
sitting as a court Of equity for the district
wherein the carrier In said suit has It's prin-
cipal operating office. and jurisdiction Is
hereby conferred upon the circuit courts or
the United States to hear and determine in
any such suit whether the order complained
of was beyond the authority of the commits
sion in violation of the rights of the Cohsti-
tuition"
1t was confidently claimed up to this
morning by some Of those who favor radical
rate regulation that t~wenty-nine Repub-
lean Senators would vote for the amend
ment indorssd by the President. and these
he called to the White House Saturday
afternoon. At the end of the day these
radicals were not 50 confident. They
even went SO far as TO say that there was
no list of tw~enty-nine and TO admit that
much uncertainty surrounded the position
Of certain Senators. They might have
added that no uncertainty whatever sur
rounds the position of at least a dozen
Senators who are understood to have been
regarded as favorable to the amendment
and were classified as such. These then
are opposed TO the provision which came
out of the White House conference. and
while they are not declaring from the house
tops that they are heartily in favor of a
liberal court review amendment they have
not hesitated to say so in confidence to
those among their colleagues who believe
as they do.
According to reliable information the
twenty-nine Senators who were put down
as favorable to the court review amend
ment Endorsed by the Administration are:
Alice, Allison, Ankeny, Beveridge, Burkett
Burrows, Carter, Clapp, Cullom, Dick.
Dillingham;, Dolliver, Elkins, Fulton,
Gamble, Hansbrough, Hemenway, Hey
burn, Hopkins, Kittredge. La Toilette,
Long. Willard, Nelson, Piles, Perkins,
Proctor, Scott and Warner.
A careful canvass made to-day showed
that an ever dozen of these were out and out
opponents to thel amendment and that of
the remainder two were almost certain
to vote with the conservatives There
was evidence also that seven of the remain
ing fifteen were uncertain as to how they
would vote, and some of them are believed
to be willing to support a provision that
goes a little further than the Administration
prop osal in the direction Of a more liberal
measure Of judicial review. At the most
the rate bill leaders cannot hope to secure
more than seventeen Republican votes
in the Senate for the p rop osition to limit
the reviewing power OF the courts over the
rate fixing orders Of the Interstate Com
merce Commission
To achieve success this would require
the votes OF t~wenty-eiEht Democrats, and
there is no likelihood that they will be 30
fortunate.
Senator Bacon of Georgia proposed an
amendment to the Hepburn bill providing
no order Of the Interstate Commerce
Commission should be set aside, susr ended,
restrained or modified, unless upon a hear
ing after full notice to the commission the
judicial order mentioned shall be con-
CURED in and ordered W at least two Judges
participating in the hearing, at least one of
whom shall be a Judge OF the United States
Supreme or United States Circuit Court.
The person or corporation other than a
shipper seeking relief in such an order is
required to deposit $4,000 in cash or Gov
eminent bonds, and in addition deposit
the difference between the rate charged
by 1t and the rate fixed by the Interstate
Commerce Commission. This payment is
to be made on or before the tenth day Of
each month, and on that date the carrier
is required to file q statement Of shipments
affected by rate complained OF. The court
is empowered il the order Of the commits
sion is upheld to make an equitable distri-
button Of the fund among shippers affected.
Mr.. Fulton Of Oregon, in a speech on the
rate bill, took the ground that the Hepburn
Dolliver bill as at present drawn contains
the necessary power for a court review,
all the power that should be given.
IF l believed the bill did not afford the
opportunity for any carrier to go into court
to determine whether a rate were con-
fscatory, l would not support the BILL
said Mr.. Fulton. He desired to limit the
court review to those cases involving only
constitutional rights, to cases where prop
erty was taken without due process OF
or without giving Just compensa-
ton"
Mr.. Bacon OF Georgia suggested that the
public might rave an interest in an order
made by the Interstate Commerce Com
mission aside from that of the carrier or
the shipper.
Mr.. Fulton replied that the public would
never complain Of a rate made by the COM
mission in lieu of one set aside by the courts.