The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-03-03
ROOSEVELT SEEKS
VALID RATE LAW
Continued From First Page.
as to make certain that the courts may
knock it out without at the same time
destroying the act as whole.
Elkins' Coal Amendment.

. !
Senator Elkins has offered an amend
ment prohibiting railroad companies
which own coal mines from marketing
their coal at prices which destroy the
independent operators. The president is
inclined to feel that some such pro
vision as this is wise, but he is not
quite sure that it ought to be made a
part OF the present act. 1t is obviously
an extraneons subject, and the presi
dent hopes the act will not be encum-
bered with matters of this kind, which,
while probably pointing in the right
direction, might better be taken care Of
in separate act. s'..a 49,.
The three amendments first named in
this article as being favored by the
president, and the two favored by SEN
ator Bailey, are the only ones which
thus far have had serious White House
consid eration. 4
Why Not Amended Before?
The question may be asked. Why was
not the original Hepburn bill, while
in the. house, so framed as to include
the points here outlined7 The answer is
that the consideration which the, bill
has had since it passed the house is re-
sponsible for the opinion that amend
ments are now necessary. The best light
that could be thrown upon the bill in
the house Indicated that in the form
in which it passed that body it was
as nearly perfect as it was possible to
make it. Careful scrutiny has subse-
quentlly revealed possible weaknesses in
the the; three 1rts places alluded to- and the
leader, will try to strengthen these
weak places wherever he can without
interfering with the principles upon
which the bill is based.
At no time hassthe president cared
Tor the form Of the act, and at all
times he has cared for the substance.
At no time has he. cared whether the
party vote, or by3%a junction Of both
sides Of the charmber. He wants first
of all that it should pass, and the align
ment OF senators for or against it is
bothering him very little. Of course,
he would prefer, personally, to have
the bill pported by substantially the
entire chamber, as he holds it non-par-
tizan in character, but this is not i'm
portant, in his Judgment. =
Battling Against Odds.
The president IS fight for rate regula-
ton has been, and is being made, in
the face Of tremendous ODDS, in stiff
opposition. There have been times
when not singla member of his cabi-
net has indorsed certain of his vital
| rate views, and when his was the only
voice at cabinet meetings raised in de-
Tense Of the cause he is so ably cham
pioning. Root and Taft, have led this
cabinet opposition, and their legal abil-
canoe.
Outside the cabinet, the president has
been opposed, in whole or in part, by
Senators spooner, Knox, Crane and
Lodge, not to mention others, and these
men are closer to him personally than
perhaps any other four members Of the
senate. i "
But he has stood out for what he
conceived to be the right thing, and it
is gratifying to observe that at last
he is about to win The senate will
pass rate bill, either the Hepburn bill
as it came from the house, or with the
three amendments. It will then be UP
to the courts to say whether the new
law is good or bad, in whole or intpart.
~{,. ~.> Lawyers Disagree. i
One Of the confusing things con-
| nected with this whole rate question is
the inability Of the great constitutional
| lawyers Of the country to agree as to
the .constitutionality Of the Hepburn
bill, with or without the amendments
outlined. They are as far apart as
the typical expert witnesses at a great
criminal trial. Spooner and Knox, for
instance are as far apart as the poles,
and each insists that the other doesn It
know what he is talking about
The president has consulted these
men formally, as well as other great
lawyers of the country, in and out of
public life, and he frankly admits that
nobody knows what the supreme court
will hold with regard to any bill that
may be passed. Admitting this to be
the case, the president is anxious so to
| to hasmonize with supreme court prece
dents, SO far as these precedents car
| be discovered, trusting to luck for the
rest. He admits that it is a toss up
what the supreme court will hold; 3
similar admission is made by the Other
side; and therefore each is fighting FOL
language in the bill that will aid ii
guiding the court this way or that.
The president, for example, to cite
review feature so worded as to suggest
to the court that it. is not the wish Of
congress to have any case retired or
appeal; while the railroads want this
feature SO Morded as to suggest thai
:, the courts are expected to, retry every
case. Both sides admit with great
frankness that the courts may con
clude to retry the cases whether there
is anything providing for this in thu
act or, not, but each wants to have it
own phraseology as a, sort Of safety
play in the event that the court may
be evenly balanced. .<
President Has Not Yielded.
! In nothing that has taken place i
there any Indication that the presiden
has changed his position, has "yie1d
ed,O has Hmade concessions to tn
senate or to the railroad people, O
done any other obviously foolis]
This statement is made again becaus
nearly all of the New York mornin,
papers Of the last two days state, I'M
Il der haring headlines, that the presiden
) has done all of these things. Thos
, Of the president friends who Deepen,
upon an unfriendly press for their in
formation regarding his position o.
the rate question, have been havin,
. their own troubles for good while
and they will probably have still other
before the rate bill has finally becom
law.
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