Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1906-02-22
A K[N RATE BILL
OFFERED By KNOX
Provides For Judicial Review
of Rate Made by the Com
mission
PRESIDENT MAY HAVE YIELDED
Conference at White House Said to
Have Led Roosevelt to Give Up
Fight Against Amendment of Hep
burn Bill - Will Veto Any Measure,
However, If It Passes In Form
Unsatisfactory.


| However, If IL Passes In a Form
| Unsatisfactory.
Washington, Feb. Ex-senator Knox
today introduced his interstate COM
merce bill 1t broadens the house bill
! and contains a provision for review by
the courts OF orders of the interstate
commerce commission. The bill goes
to the committee and may displace the
Hepburn bill tomorrow
review of the provision follows:
That the orders of the commission,
except orders for payment of money
shall take effect within such reason
able time as shall be 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
sooner set aside by the commission
or suspended or set aside by order of
court in a suit to test the lawful
ness of said order; but any carrier,
person or corporation, party to the
proceedings, affected by the decision
of the commission as to the rate or
practice covered by the complainant,
or by its order prescribing a different
rate or practice, and alleging either
or both to be in violation of its or his
rights, may institute proceedings
against the complainant and interstate
commerce commission in the circuit
'oslrt of the United States for the dis
trict in which any portion of the car
rier or carriers that were parties to the
complaint may be located. sitting as a
court of equity, to have such questions
determined, but in no other way shall
the lawfulnes.s Of such order be ques-
toned, and in all such proceedings the
court shall have power to make orders,
secure appearance of parties from any
part of the United States, and the ex-
isting laws relative to evidence and to
proceedings under the acts to regulate
commerce shall be applicable.
provided, however, no order Of the
commission reducing rate shall be
set aside or suspended by interlocutory
decree of the court without requiring a
deposit of the excess charge or suf-
ficient bond to secure to parties en-
titled thereto the repayment, If the
commissions order is sustained, of all
moneys received by the carrier in ex-
cess Of the rate fixed by the commits
sion, and the court shall determine in
such interlocutory decree what prac-
tices shall be pursued. by the parties
to the pending litigation In order to
make this right of repayment certain
and effective
Another section relating to the ap-
peal follows:
"That in all peocerdings arising un-
der this act in which the United States
or interstate commerce commission is
party, appeal from final decree of the
circuit court shall lie only to the SUI
preme court and must be taken within
thirty days from entry thereof. No
appeal shall operat as stay or sup
ersede as Of the decree appealed from.
Knox made a brief statement in
which he pointed out that the section
which provided for a court of review
he deemed essential for the constitu-
tionality Of the measure.
Washington Feb. 22.-When the
senate committee on interstate COM
merce meets on Friday to vote on the
rate bill the announcement will be
made authoritatively that President
Roosevelt will not attempt to prevent
the amendment to the Hepburn bill,
that he will leave the committee free
to exercise it's best Judgment and, if
possible compromise it's differences;
that if the bill is reported which does
not meet his approval, and in that
form is passed by congress, he will
content himself to exercise his veto
power.
This announcement will be made as
result of a conference here Wednesday
between the most active persons sup
porting the house bill without amend
ment, but will be delivered to the COM
mittee by senator who has supported
an amendment providing for a judicial
review of the order of the interstate
commerce commission.
The conference was attended by Sen
ators Dolliver and Clapp, Speaker Can
non, Representative Hepburn, and At
torney General Moody. They had un-
der consideration an amendment said
to have been drafted by Senator Knox
and revised by the attorney general.
is said not to be satisfactory to it's
author. 1t was offered in a spirit of
compromise, and the president and at
torney general wanted to know
whether it would be acceptable to the
members of congress, who are making
fight to prevent the adoption of any
amendment which they believe would
interfere with the operation Of the
measure they purpose to enact into a
law.
Briefly stated, the amendment aims
to give to any complainant authority
to file a petition in the circuit court
asserting that a rate fixed by the COM
mission was in fact illegal, or that an
order of the commission was in reality
unlawful and authorize the court to
hear suit to decide whether the COM
mission acted within it's authority, and
whether the constitutional rights
Of the plaintiff had been violated.
AS they had previously announced