The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1906-05-18

would not be SatlShed with any amend
ment which preserved the essential
feature of the Hepburn bill as 1T came
from the house.
Hard to Satisfy Everyone.
| "To almost every amendment pro-
posed by anyone i found that there
were other excellent men who object
ed, or who at least wished To change
| it, and finally became convinced that
| it was Impossible for senators with
advantage to use me as the intermedl-
airy in coming to an agreement with
| their colleagues, especially when they
only communicated with me through
another intermediary, and earnest
| ly suggested to all to whom | spoke
| that they should communicate with
you, whose purposes and mine were
| identical. About this time Twas in
| formed by various Democratic sena-
tors that they could not come to an
agreement upon any amendment and
| that the best chance for success lay in
passing the Hepburn bill substantial
| ly unchanged | was informed and
believed that this was Senator Bailey's
view; and anumber of the Republican
senator's who favored the bill ex-
pressed the same opinion. Shortly
after this you, in company VIII Sena-
tor Cullom called upon me with the
amendment which is now commonly
known as the Allison amendment l
told you that while should prefer the
Long and Overman amendments, yet
that your amendment was entirely sat
isfactory. Yuor amendment does not
in the slightest degree weaken or in
jure the Hepburn bill. 1t merely ex-
presses what the friends have always
asserted was implied by the terms of
the bill. l may add, that my own
opinion that your amendment in no
way changed, whether by diminishing
or charging, the scope of the court re-
view as provided in the original Hep
burn bill, is also the opinion of the
attorney general, of Mr.. Root and of
Mr.. Taft. Their judgment is that the
amendment merely avoids the criti-
cism that the Hepburn bill would be
constitutionally invalid in not express
ly providing the court review which
it's supporters have always contended
was plainly implied in the original
language.
THE original Hepburn bill stated
that the venue for certain actions was
in certain courts; the amendment
states that these courts shall have
jurisdiction to consider such actions.
To my mind it seems difficult to as
sert that this works any change what
ever in the principle of the BILL
From the Attorney General.
The attorney generals letter to the
| president:
my Dear Mr.. President: l send, at
your request, an account of the con-
ference which l had by your direction
with Senators Tillman and Bailey upon
the subject of the court review feature
of the pending rate legislation.
con April IA, you told me that Sena-
tors Tillman and Bailey had COM
municated with you through a third
person, informing you that they were
| willing to support an amendment to
the Hepburn bill, which while ex-
pressly comforting jurisdiction upon
the courts to review the action of the
| commission, should limit the review
to the two questions of the authority
of the commission and the constitu-
tionality of it's action, and include a
provision forbidding the issuance of
interlocutory injunction. You told me
that they were not willing to confer
directly with you, but would meet me-
The conference was arranged by Sena-
tor Chandler and occurred on April
Is.
81 informed the gentlemen of my
belief that you desired, il the scope
of the court of review were to be ex-
pressed in the law at all tuat it should
inbefore named; that in such case the
so-called Long amendment was accept
able to you; that you would be glad
to see a rigid limitation on the issu-
ance of interlocutory injunction; If
such limitations were possible;| and I
stated further that would not assume
to agree to any form of language what
ever for you, but would submit any
proposed amendment to you for your
consideration. | also stated my doubt
whether in any event it would be pos
sible to enact provision entirely for
| bidding interlocutory injunctions. u
found myself in entire accord with
Senator Bailey as to the rules of con-
stitutional law applicable to the stu
alton, with the exception of those re-
lating to the power of congress to for
bid all interlocutory injunctions, upon
which l did not offer any final opinion
only saying that Mr.. Bailey's argu-
ment needed an answer. An attempt
was then made to accept phraseology
which would effect the intention of
the two senators. made some notes
upon this branch of the subject and
| at the close of the interview said to
| Senator Bailey that l would put my
understanding of their ciews upon the
| question of phraseology in writing,
send it to him, and, if it met with his
approval, submit it to YOU
Tragedy in Denver.
| Denver, Col, May 10.-A man be.
lieved to be William Jacob, a Swede,
IN