The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1906-04-03

Washington, March 31.-A court re.
view amendment to the railroad rate
bill was agreed upon today a. q con-
ference between President Roosevelt,
several republican senator's supporting
the bill. and Interstate Commerce
Commissioners Knapp and Prouty. It
will be offered Monday by Senator
Lodge. 1t leaves TO the decision Of
the commission when orders liking
rates shall take effect and limits suits
to a determination Of whether the or
der complained Of was beyond the au-
thority OF the commission or in VIOLA
ton of the rights OF the carrier secured
by the constitution.
Senator's Allison, Cullom, Dolliver,
Clapp and Long, Attorney General
Moody, and Interstate Commerce
Commissioners Knapp and Prouty
were called to the White House late
this afternoon. Soon after they as
sembled the President submitted the
court review amendment that was az
terward endorsed by all present The
President announced that he had de-
cided upon the meeting bcause he de-
sired TO ascertain the present state of
feeling in congress regarding a ju-
dicial review feature i'll the legislat on.
1t was made clear that he had not
changed his views regarding the pend
ing bill, and similar stands were taken
by the others. The President thought,
however, that in Difference to the large
number of senators who honestly be-
lieved that the bill without such
feature would be unconstitutional, the
bill should be amended If IL could be
done without surrender by IN amend
ment which he then read. 1t proposed
to strike out the paragraph at the
bottom of Page il, and insert as
part of Section 16, the following:
THAT all orders OF the commission,
except orders for the payment of
money, shall take effect within such
reasonable time as shall he 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 soon
er 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
q court of equity for the district
wherein any carrier plaintiff I'm said
suit had its principal operating Office.
and Jurisdiction is hereby conferred on
the circuit courts of the United
States. to hear and determine I'm any
such suit whether the order complain
ed of was beyond the authority or the
commission or In violation OF the
rights OF the carrier secured by the
constitution
Attorney General Moody and other
lawyers pointed out that the discretion
Of the commission is absolute.
When the President asked whether
an amendment of that character would
be adopted by the senate. the senator's
present said they thought they could
promise % republican votes for 1t, and
that there Is little doubt but that prac-
tically the entire minority would sup
port it
Senator Long had given notice that
he would address the Senate on Mon
day and therefore he was chosen 10 Of
fer the amendment
Others who participated In the con-
ference have pledged themselves TO
support the amendment
They believe that II It IS shown
that there is a majority OF the sem
ate In favor of the measure. the bill
as 1t is proposed to amend It Will be
adopted practically by full vote OF
the Senate.