Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1906-04-06
PRESIDENTS RATE AMENDMENT

Secretary of State Root Is reported to b.
the author OF the amendment to the Rail
way Rate bill which President Roosevelt
has accepted and is urging Republican Sen.
ators generally to support The Hepburn
bill contains no specific provision for a re-
view by the courts OF the Interstate Com.
merce Commissions decisions. 1t is con.
tended by some of the lawyers OF the Sen.
ate that without court-review provision
the Hepburn bill would be declared uncon.
stitutional by the Supreme Court of the
United States. The lawyers of the Senate
have been unable to agree, however, on the
nature and scope of the court review. The
amendment which Mr.. Roosevelt proposes
confers Jurisdiction on the circuit courts OF
the United States ITO hear and determine In
any suit whether the order complained OF
was beyond the authority oil the commits.
sion or In violation of the rights of the car.
rler secured BY the Constitution"
The principal objection to the court. re-
view amendments discussed by the Senate
haa been that they paved the way to count.
remains to be seen whether such an objec-
will be made to the Presidents amend
ent. Mr.. Roosevelt has been advised by
the Attorney General that the amendment
Is sound and will stand the tests of the
courts. According to Attorney General
Moody's construction, the amendment does
not open the courts for retrial of all the is.
sues upon which the Interstate Commerce
Commissions orders would be based, but
gives to the court authority only to say
whether The commission had given fair
hearing and had acted upon the lines laid
down by the law. The discretion of the
commission, it 10 explained, Is almost abso-
lutte. Under the terms OF the act It would
be difficult to delay the taking effect of an
order Of the commission lowering the rate.
1t Is maintained by the Presidents advisers
that, while the amendment does not specific
ally declare against restraining orders, it 10
extremely doubtful whether court would
attempt to interfere with an order of the
commission except in the manner provided.
II this amendment be adopted, it will be
Interesting to see what the resourceful rail
road lawyers will do to the Hepburn act
The amendment Is the handiwork of one of
the greatest corporation attorneys In the
United States, who is credited with Presi
DENTAL aspirations. 1t would probably
prove very exasperating to that gentleman
should his amendment prove detective and
no do IN -
devices by which the operations Of the law
are hampered. Wouldn't failure impair his
chances for getting the Presidential nomina.
ton In 1908 f-Balto. Sun.
Senator Tillman, who has charge of the
Railway Rate bill In the Senate, said that
he was not satisfied with the court-re.
view amendment to the measure which
was agreed upon Saturday at conference
between President Roosevelt several Re-
publican Senators, who are supporting the
bill. and members Of the Interstate Com
merce Commission.
The Senator said he would oppose il on
the floor Of the Senate, and he expressed
the opinion that not half q dozen of bis
Democratic colleagues would stand by the
amendment.
Senator Tillman declared the amendment
does not meet the situation fully, inasmuch
as 1t makes no provision setting forth speci.
fcally that there shall be no suspension of
the railway rate fixed by the Interstate
Commerce Commission pending the judicial
determination Of any case which NAV be
appealed from the Essessa established.
This Is q contention which Senator Till.
man and numbef6f ne Democratic Sen.
ators have urged, as they argue that fail.
ure to provide absolutely against suspep.
sion of the rate operates TO nullify the OBJ.
jects for which the legislation is desired
The Senator added that he would prefer TO
vote for the House bill as 1t stood than to
accept the amendment, for the pending mea.
sure gave the right Of review where con.
stitutional questions are involved.