The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-05-08
Plot Alleged to Sneak in Amend
ment Defeating Rate
Bills Purpose.
FOUR-HORSE TEAM HOLE
AIM OF THE LAWYERS
Amendment Giving Commission
Fixing Power, Object
of Alleged Plot.
Special to The Journal.

Special to The Journal
Chicago, May s:-A Washington spe-
cial to the Chicago Tribune says:
Having succeeded in persuading the
president to accept compromise
amendment which unquestionably pro-
vides for wider court review than
they had hoped to be able to secure,
the radical railroad senators are en-
deavoring to sneak into the rate bill
an innocent-appearing amendment which
may defeat the entire purpose of legis-
1ation.
Thus far the campaign for this bit
of trickery has been conducted with
the utmost secrecy, but now, that vot-
ing on amendments actually has begun,
the railroad senators are preparing their
forces to rush the amendment thru with
out adequate consideration.
Plan Big Hole.
They have been urged in this direc-
ton by certain well-known railroad
lawyers who believe that with this
amendment they can drive four-horse
team thru the law whenever they see
fit Several of the administration SEN
ators have been given a tip to look out
for the trick amendment and they have
been told exactly what is in contem-
plation.
In the Hepburn bill as it came from
the house, under section 4, the old sec
ton Is of the interstate commerce act
is amended so as to provide for the
commission fixing rates when 1t hnds
the old rate to be unreasonable.
s'In It's Judgment
Under the language of the house bill
the commission is given authority to
s'determine and prescribe what, in its
Judgment, will be a Just and reasonable
e. 10 Or rotol
charge or charges, to be hereafter OBJ
served III such cases as the maximum to
be charged
1t will be observed that in drawing
this section trainers of the house bill
d were particular to authorize the com
! mission to prescribe rate which, - IN
81, its judgment,' would be reasonable cas- 7
guage, Gin its judgment,' was used IN
tentionally. It's effect is to protect the
action of the commission from arbl-
trary interference by courts.
Would Gut Out Phrase.
The commission would not exceed its
authority under the act, even if 1t
made a rate which was contlscatory
because it would act in it's judg-
ment,'' and the court in reviewing the
case would have to determine not
whether the commission had exceeded
its authority, but whether the rate real
" was lust and reasonable.
The amendment the railroad senators
now are seeking to add to the bill is tc
cut out the words, Sin it's Judgment.
The result of this would be that the law
would authorize the commission to de
ternine a just and reasonable and fairly
remunerative rate to be thereafte1
charged as the maximum.
Subsequently. if upon review by thu
court it could be shown that this rat
fixed by the commission was not tn
correct one to fraction OF cent, tn
court would be obliged to upset it: L
would take away all the latitude from
: the commission and it would have abso
lutely no discretion in fixing rates.
Prepare Tricky Move.
With the words Gin it's Judgment
eliminated, the courts would have tn
right to assume that there is one an
only one reasonably remunerative rate
and that, unless the commission fxe
ND the exact figure it exceeded its at
thoritv and would have to begin pre-
ceedings over again. For this purpos
the railroad senators are anxious t
eliminate these words and they hav
prepared an amendment to that etfec
It does not cut out the words 81
its iudgment,'' directly, but they al
eliminated thru the trick of substitutln
an entirely new paragraph, the hope b.
ing that the significant omission Woul
not be noticed or would be mlsunde
stood until it was too late to correct