The Topeka state journal., 1906-03-02

opinion between the president, the sec
retary Of war and Senator Knox as TO
the extent to which this review provis-
ion should go. The president is not op-
posed to a court review clause. He is,
however, unalterably opposed to the in
sertiOn of any amendment which would
give the railroad con.Tanies any ad-
vantage that is not now guaranteed to
them by the constitution.
Attorney General Moody, representing
the president, has so revised the judic-
ial review clause in the Knox rate bill
as TO make it acceDta HE. Much has
been said about the Constitudonality Of
the proposed rate legislation. The
president is in no wise deferred from
pressing the legislation even though it
might appear certain that it would be
declared unconstitutional 1t is the OBJ
ject which he seeks to attain, and if
proposed legislatiOn should turn our
to be unconstitutional he will make an
effort to attain the object through 9th
er legal means.
A second amendment to the rate bill
which the president regards as almost
essential is one relating to the time In
which the rates of tn commission shall
take effect The Hepburn bill provides
that the rate shall go into effect within
thirty days unless suspended Dy the
court or the commission. The president
believes that it should be amended so
as TO provide that the rate shan go into
effect within reasonable time, to De
determined by the commission.
This amendment he regards as neces-
sary because the court might hold that
thirty days was not a reasonable llIlle
and that a general policy might be in
augurated through the courts OF stay
ing all rates through court pfoce0uIe
on the general ground that the IlIhe al
lowed was too short. The president pc
ueves that commission which IS com
petent to fix a maximum rate IS com
Detent to determine the time When IL
shall 20 into effect.
An amendement which has beeh
worked out in careful detail py oeIlseod .,-l
SDOoner is another which meets the
presidents approval 1t PROVIDES lade
the railroad companies, when a stay
has been granted, shall be required 70
deposit q sufficient amount OF money
with the court to protect the shippeF
against loss, provided commission ;
rate is sustained by the court AnlS nus
DrOposed provision Of the Hepburn Dill
has provoked more discussion, perhaps.
than any other with the eXcepIOn OF
10 judicial review clause. The Knox
hill provides that the railroads Snall
he REQUIRED to give bond for the pro
lection of shippers.
THE SDooner amendment is believed
to have a distinct advantage over tne
clause in the Knox bill because II viii
have a tendency to deter rallroads
from fnstitutng suits merely 20 cause
delav The amounts Whlch tne ran
roads would be required to deposit
wonld be sufncient not only to protect
the particular shipper who had com
nIained of a rate, but all shippers VINO
ls-o,,ld have had advantage of the re-
duced rate fixed by the commission on
the one complaint made
The president does not believe that
amendments should be made part OF
Va1t the ownership of coal lands by
carriers. It is not that he is opposed
to the enactment of such law. but
because he believes it should be a
se1arate enactment if made law at
ali and not a part of the Hepburn act.