The Topeka state journal., 1906-05-19

this milder law, congress will pass a
law with teeth in it-with teeth of
metal that win hurt.
The session which finally saw the
passage of the bill brought forth
charges of bad faith involving the con-
servative senators. These charges in
volve Senator Aldrieh, Senator Knox
and Senator SpOoner and others of the
conservative group, who are alleged by
the Dolliver-Allison-LOn group to have
entered into an agreement to pass the
series of Allison amendments intact.
Senator Aldrich. as usual. Is accused
of playing the roll of arbitrator, for
it was with him directly that the agree
ment was made by Senator Allison and
Senator Culom- When the bill was
passed over entirely to Republican con-
troll. Aldrich found it necessary to be
absent from the senate for several
days.
The words Gin its judgment being
eliminated from the bill in the last
days proceedings was a complete sur
prise to Senator Clapp, Senator Dol
liver and Senator Long. When the Sc
ries of Allison amendments were
agreed upon these senators declared,
and it was printed in every news
paper in the country. that two propo-
sitions We're as essential features to
the series of amendments as were the
court review, the limitation of IN
junction and the restriction in the
manner that injunctions would be OBJ
tanned.
One of the understandings put in
the written memorandum was that
the words fairly remun erative'
should be stricken from the bill and
the other that the words ''in its
Judgment should remain in the bill.
1t was explained by the Clapp-Dol-
liver-Long group that the whole
theory upon which the bill was drawn
and the conditions which made the
Allison court review acceptable were
Al -
commerce commission authority to f1x
rates which in it's judgment were fair
and reasonable should remain AS
amended the bill makes it the duty of
the interstate commerce commission
when complaint is filed to fix rates
which shall be fair and reasonable as
a maximum charge.
Under the Allison court review
amendment no limitations whatever
are placed upon the power of the
courts, and with the words in its
/ judgment stricken out the courts will
determine whether in fact the rates
are fair and reasonable. There was
undoubtedly constitutional question
involved as to whether congress had
the power to confer authority upon a
commission to follow its judgment
/ rather than to establish a rate upon
the proved facts. The best constitu-
tional lawyers on both sides Of the
chamber said that it could not do this.
and the Democrats assigned this as a
/ reason for their vote. But it was a
/ gleeful vote that the Democrats cast,
/ for they combined with the conserva-
t tive group and threw high in the air
/ the followers of the president, with
+ whom they had acted prior to the
Allison agreement. The Democrats
! were In no compact and were only
! obliged to act according to their judg-
ment and not under promise or stipu-
lation
Senator Long Is Emphatic.
Senator Long was even more en-
4 phatic in his expressions Of disap-
prOvaI of the violations of the agree
ment than was Senator Dolliver at
the time the vote on the Teller amend
E1ent was cast. He said:
Il do not see how some of these sen
ators VIII reconcile their votes on the
amendment with their understanding
I with US in regard to it. It was clearly
/ understood that we were to leave the
word in its Judgment in the bill.'
/ Senator Long did not call names for
publication, nor would it do any good TO
press the matter. Senator Allison had
stated for incorporation in the record
the fact that it was just as much a
part of his court review amendment to
have the words in its judgment re-
main in the bill, as it was to have the
method of securing injunction incorpor-
ated.
The Interstate commerce commission
MI IOuA3, nE10 10 lDB same view
as did Clapp and Dolliver and Long
Some effort may be made when the
bill reaches conference to have the
words which the administration officers
Of the law believe are essential to It's
efficiency restored It is certain thai
another fight viii be made in confer
ence- But 1t is doubtful whether the
house can induce the senate to recede
as the vote for striking out the words
was so to "a Some Of the other senat
amendments viii also be modified
The oil pipe line amendment is in {
most hopeless condition as the bill pass.
ed the senate Under one section OF
the bill. pipe lines are made common
carriers and under another the produc-
ers of oil cannot both operate pips
lines and produce the product which
is to be transported over them. This
means that the bill as it now stands
would force the Standard Oil companl
to accept the oil of Independents for it
pipe line, but it could not transport it
own oil through its own pipe line al
apparent absurdity which the court
would not tolerate