The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1906-05-15


10 secure rs passasea and thespassage
of the rate BILL
almost every amendment pro
posed by any one found that there
were excellent men who obtected. or,
who at least wished 10 change and
finally became convinced that II was
impossible for Senators with advan-
raSe to use as the intermediary in
coming to am agreement with their
colleagues. especially when they only:
communicated with ME through an
other Intermediary and earnestly
suggested TO all TO whom spoke rhaL
they should communicate with you
whose purposes and mine were identi-
by various Democratic Senators that
they could not come To IN agreement
upon any amendment and that The
best change for success lay in passing
the Hepburn bin substantially M
changed was informed and believed
that this was Senator Bailey'S views,
and number of Republican Senators
who favored the bill expressed the
same opinion Shortly after this you
in company with Senator Collum cali
ed upon me with the amendment
which is now commonly known as the
Allison Amendment told you
that while should prefer the Long
and Orerman amendments, yet thar
your amendment WAS entirely SatiSfac-
tory Your amendment does not. in
the slightest degree weaken or injure
the Hepburn bill 1t merely expresses
what the friends have asserted was
implied by the terms of the bin. I
may add. that my own opinion that
Your amendment in no way changed
whether by diminishing or charging
the scope Of the court review as pro-
vided in the original Hepburn bill.
is also the opinion Of the Attorney
Their judgment is that the amendment
merely avoids the criticism that the
Hepburn bill would be constitutionally
invalid in not expressly providing the
court review which its supporters
have always contendea 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 shal. have jur-
isdiction to consider such actions. To
my mind it seems difficult to assert
that this works any change whatever
in the principle of the bill.
yours sincerely.
THEODORE ROOSEVELT.
Hon. William B. Allison,
United States Senate
The Attorney Generals letter to the
President:
Office of the Attorney General.
Washington, May X. 1906
My Dear Mr.. President:
II send at your request an account
OF the conferences which had By
your direction with Senators Tillman
and Bailey upon the subject Of tn.
court review feature of the pending
legislation
"On April 18th you told me that
Messrs. Tillman and Bailey had COM
municated to you through a third per-
sor informing you that they were will
ing to support an amendment to the
Hepburn bill. which. while expressly
comforting Jurisdiction upon The courts
to review the. action OF the commits
SIGN and the conStitrtionali:y of its
action. and include a provision forbid
ding the issuance OF jnterlocutary in
functions. You told me that they were
not willing to confer directly with you
but would meet me. You asked me ic
thought that Congress had the power
to prohibit the issuance Of interlocu-
tary injunctions by courts inferior to
the supreme court and told you that
having read part only OF the debate
upon that question. the subject being
new to me had rot formed a final
opinion. You then asked me whether
If such a provision were declared un-
constitutional it would affect other
provisions of .he law cold YOU that
In my opinion it would not. as that pro-
vision would be easily separate BILE
from the remainder OF the law Re
calling the advice which had the
honor to offer You that you should not
at any stage become finally committed
to any part of the bill. You then said
that provision limiting the co1rt re-
view to the authority Of the commits
sion and the constitutionality of its
acts and a provision limiting the isSu-
ance of interlocutary injunctionS, as