Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-03-02
RAILROAD RATE BILL
The Principle of Judicial Review
to Be Incorporated.
PRESIDENTS WILLINGNESS
A Source Of Satisfaction to Republican
Senator'S.
PRESIDENTS WILLINGNESS
May Be Something Like the Moody
Amendment - Will Be Passed
With Good Majority.

The essential fact that President Roose.
Welt is willing to accept the principle OF
judicial review. to be Incorporated in the
railway rate bill. was declared today O.
source Of great satisfaction to republi-
can senators. The exact phraseology Of
the amendment is to be the result of furs
ther conference. its final shaping also de.
pendent upon voting in the Senate.
The main thing is that promised har-
mony of action among the republicans OF
the Senate consequent upon the prospect
of an understanding over the judicial re-
view amendment, forestalls the possf-
bility of the democrats presenting a solid
front for the unamended Hepburn bill
and afterward laying claim to any of the
credit for railway rate legislation. That
contingency seemed imminent few days
ago when the two factions of republicans
were far apart and when the democrats
appeared to be smuggling up to the Presi~
dent for their own purposes.
Some Anxious Hours.
President Roosevelt has spent some anxs
ious hours since last Friday. when the Sen.
ate committee interstate commerce res
ported the Hepburn bill, without amend.
ment. and handed 1t over to Senator TIL.
man to escort 1t into the Senate. He 10 a
good party man. and was quick to perceive
the danger TO the republican organization
in the situation then existing and threat
ened, so he set about extricating his party
from the dilemma
Republicans of prominence In the Sem
ate and in his cabinet as well, advised him
of the sentiment in the Senate favorable to
judicial review and the negotiations which
were pending for several weeks. while tho
bill was in committee were renewed re-
sulting in his acceptance of the principle OF
review to be couched in language which
will not be objectionable to the lawyer
senators who favor adequate railway rate
legislation.
The Moody Amendment.
It was said today that no one could at
this stage of the proceedings spell out
the terms of the judicial review amend-
ment. The basis of it will probably be
the Moody amendment, to be hereafter
broadened in scope. The Moody amendment
provides:
THAT any person affected by an order
OF the commission may apply to the cir
cult court of the United States in the dis
trict where the carrier, party to the
complaint, has its principal operating Of
flee by petition to the court sitting in
equity, and the court shall entertain such
suit for the purpose of determining wheth-
er the commission acted within IT'S author
ity and whether the order of the commits
sion violates the constitutional rights OF the
carrier or carriers.
Now. when that or something like it.
comes up in the Senate tie point Will be
made that the amendment does not add
anything to the law, save, possibly, 10 apply
to the new powers TO be given the interstate
commerce commission the same qualifca-
tions of its existing powers. The Senate
will be asked to broaden the scope Of the
review.
How It Will Pass.
1t will be urged that the President is
agreeable upon the principle OF review, ana
the combined wisdom of the Senate viii die
tate the specific terms. Present indications
are that the railroad rate bill will be framed
just as speedily as reasonable debate upon
1t will allow and that when IL passes the
Senate Ii will be on vote large enough TO
commend il to the respect of the House.
There is not likely to a split between
the House and Senate over this legislation.
When the bill comes from the Senate It
will have the backing of the President and
the republican majority In the upper charl-
ber of Congress. The House committee viii
doubtless accept the Senate amendments
and bring the bill up under a rule which
will preclude, efforts of the democrats to
amend it and embarrass its enactment
When the bill comes out of the Senate le
will also carry some minor amendments,
one requiring the railroads TO put up cash
equivalent of the difference between the
contested rates and another relating to the
time In which the amended rate shall go
into effect.