The National tribune., 1906-04-05

The President last week called an
important conference st the White
House. at which were present Senators
Allison, Cullom. Dolliver. Clapp and
Long. Attorney-General Moody and In
terstate Commerce Commissioners
Knapp and Prouty. The President
opened the conference by stating that
while he had not changed his views
upon the Hepburn bill. that, in defer
ence to tho views Of many Senators
who thought that without q judicial
review provision the bin would be UNI
constitutional, he had decided to sug-
gest the following amendment. strik-
ing out the paragraph at the bottom
of page II, and making part OF Sec
ton 16 read:
THAT all orders of the Commission,
except orders for the payment Of
reasonable time as shall be prescribed
by the Commission. and shall continue
for such period OF time, not exceeding
two years, as shall be prescribed in the
order of the Commission, unless sooner
set aside by the Commission or sus-
pended or set aside in a suit brought
against the Commission in the Circuit
Court of the United States. sitting as a
court of equity, for tho district where
in any carrier plaintiff In said suit had
its principal operating Office. and jur-
isdiction Is hereby conferred on the
Circuit Courts OF the United States to
hear and determine in any such suit
whether the order complained OF was
beyond the authority OF the Commits
,f@Io 80 fOfHf n
the carrier secured by the Constitu-
tion."
In the discussion OF an hour which
followed the reading Of the paper all
favored the amendment. The main
question was whether an order Of the
Commission lowering rate could be
delayed in taking effect. Attorney
General Moody insisted that the dis
erection Of the Commission was abso-
lutte. and while there was no specific
restraint placed upon the courts. it was
doubtful IL they would Interfere except
as provided.
At the conclusion the Senators told
the President that they felt sure they
could muster 20 Republican votes for
it. and probably the whole minority
would do the same. The President has
favored the Spooner-Khox proposition
for a deposit by the appealing road of
sufficient amount to meet the differ
ence between the railroad rate and that
Of the Commission. but in the confer
ence he seemed only strenuous to limit
the court review to the minimum.
Senator Long was selected to pre-
sent the amendment. He has been a
pronounced opponent OF the Aldrich-
Foraker demand for power to the
courts to take UP every case do novo,
and retry it from the beginning. Sen
ators Aidrich and Foraker have insist
ed the courts should have the right to
examine whether the Commission vio-
lated the legal" lawful" and "con-
stitutional" rights of the carrier.
Senator Aldrich now says that all
that he and those who stand with him
demand Is that the courts shall be
authorized to determine whether the
rate is a "just compensation"
The introduction OF this amendment
will probably take the virtual control
out Of Tillman's hands. and return 1t
to those OF the Republican leaders.
Tillman has SO far had thorny road
to travel. finding not only the Repub-
licans in solid opposition to whatever
he has attempted, but also most Of the
Democrats.
Senator Dolliver says that this Is the
only important amendment to the bill
that will be permitted.