Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-03-28
KNOX'S GREAT SPEECH
Will Have Much Influence in
Framing Rate Bill.
HIS BOLD DECLARATION
Present Measure Will Not Stand in
Courts.
POSITION CLEARLY OUTLINED
Thought Speech VIII Be Effective in
Crystallizing Judgment and
Hasten Final Action.
POSITION CLEARLY OUTLINED

Senator Kuoxs speech on the railway rate
Dill, summary of which is published else
where in The Star, is expected to have a
great deal of influence on the subsequent
framing of the bill which finally is to pass
the Senate. The speech today attracted
profound attention, and he had an audi
ence comprising many of the most notable
lawyers in both branches of Congress
Senator Knox's legal opinions are held in
high esteem by his colleagues, and he pos
sesses the confidence of democrats and re-
publicans, his successful efforts while At
torney General of the United States In
smashing the Northern Securities merger
establishing more firmly than ever his repu-
tation as a great lawyer.
There is honest difference of opinion
among senators over the necessity for court
review in the first place, and over the
question. in the second place, whether re-
view is not inferentially allowed by the
bill. Senator Knox's argument today was
directed largely to backing his opinion that
the law proposed by this bill will be un-
constitutional If it does not specifically pro-
vide for review.
What the Bill Is.
Senator Knox boldly declared today that
whatever the intentions of the trainers of
this bill may have been they have succeed
ed in producing measure which permits
administrative body to make orders af-
feeting property rights gives no right to
the owners of the property to test their
lawfuiness in the courts in a direct proceed
ing, denies the right to challenge their law
fulness In proceedings to enforce them and
penalizes the owner of the property in the
sum of 5000 day If 1t seeks a supposed
remedy outside OF the provisions of the bill
hxy ahpi ftS jtt1tip
or the lawfulness OF the acts performed
under its provisions" He asserted there
fore that such measure would be uncon-
stitutfonaI
1t is wel-known Of course. that Sena-
tors Dolliyer and Clapp do not agree with
Senator Knox in this view of the uncon-
stitutionality of the bill. nor do some of
the democrats. There is difference of opin-
ion also as to the question of the right of
Congress to forbid suspension of the rate
pending the review by the court.
The point Is that Senator Knox In his
speech today has clearly defined the prin-
ciples upon which differences Of opinion eX-
fst and has further assisted In setting the
standard about which the conservative
republicans and democrats will rally. SEN
ator Lodge. Senator Spooner, Senator For
aker and other eminent republicans nave
already discussed these and other features
of the BILL and now comes Senator Knox
with what his colleagues said today Is
general roundup of all the vital points
and their assembling into a brief for the
conservatives.
Position Clearly Outlined.
The democrats and republicans who are
searching for ground for agreement on an
amended bill now have the conservative po-
sition clearly outlined. supported by argu-
ment and buttressed by precedents and de-
cisions. Senators will form their own judg-
ment, of course. OF Senator Knox's argu-
meut but IT Is thought that the speech will
be effective In crystallizing judgment and
hasten final action.
AS soon as Senator Bailey returns from
his painful mission In the south the task OF
trying to reach an agreement will be taken
up In earnest. Conservative senators are
growing more hopeful each day Of being
gether on an effective. though conservative.
BILL