The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1906-05-08
Decided Change IN
Rate BILL SITUATION
An ADDITIONAL STEP TAKEN
TOWARD Al FINAL
AGREEMENT.

ter Concessions in Return for an
ON Circuit Courts to Review Orders
of the Interstate Commerce Conn
mission.
Washington, May 1.-THE situation Of
the railroad rate bill took another de-
cided change to-day, and at the same
time there was an additional step to-
ward final agreement as to what the
judicial review amendment shall be-
The Allison compromise proposition met
with such determined opposition from
those senators who have fought against
a broad court review that, despite
President Roosevelt's acceptance of 1t
and his declaration that other proyis-
ions he had advocated were not vital,
an agreement was reached by which
several restrictions will be placed on
the review proposition These were
agreed upon in consequence Of many
informal conferences on the floor Of the
senate during debate. The result is
that, in return for the amendment con-
ferring jurisdiction on circuit courts to
review orders of the commission,
friends of the bill demanded and, by
agreement Of senate leaders, will Sc
cure counter concessions as follows:
That no order of the commission shall
be suspended or set aside by an inter-
locutory order or decree without a
hearing had on the application there
for, unless at least five days notice
shall be given to the commission of the
time and place fixed for said hearing.
That such order shall not be made
unless two judges of the court to which
application is made shall concur in such
interlocutory order or decree.
That an appeal from such interlocu-
tory order or decree may be taken
within thirty days from the entry
thereof, but shall be only to the SUI
preme court Of the United States.
That the rate-making section of the
bill shall not be amended,
Senator Allison's return to the senate
to-day after brief illness had much to
do with the additional agreements. 1t
was during his illness that the compro-
mise amendment which bears his name
was given publicity. While he made
no complaint against the position in.
which he was placed by the compro-
mise amendment, he made it clear by
his course that he did not think he had
been treated fairly by senators who an
nounced that he had paved the way TO
a meeting ground for the contesting re-
publican factions. To friends of the
bill who looked upon the compromise
as a surrender to railroad interests he
said the amendment did not preclude
further amendments which would ex-
nedite the review He disposed finally
of the argument that an insistence for
such amendments would be breach of
faith with the conservatives who had
accepted his compromise. He did this
by saying that there had been no
agreement.
The effect Of this statement was the
threatened overturning of the compro-
mise. and negotiations were at once
opened between the two forces.
Senators Dolllver, Long, Clapp and
several other republicans, who had op-
Dosed the amendment, declared that if
the Allison compromise was adopted 1t
must be followed with the provisions
before stated
Senator Allison aided them in their
campaign and a majority of the demo-
Gratis. loud in criticism of the action Of
the president in declaring that the
Oyerman amendment was not vital,
doined the ranks, and the whole made a
formidable army. The compromise dis
appeared as if by magic. Finally Sem
ators Aldrich, Knox, Crane, Foraker
Lodge and a number Of others agreed
that If the Allison amendment were
adopted they would consent to the
adoption of some such amendments as
that offered by Senator Overman pro-
yiding for notice to the adverse party
before preliminary injunctions are is
sued suspending orders of the inter-
state commerce commission, and that
offered by Senator Bacon providing
that such preliminary order shall be
concurred in by two judges. They
agreed further that appeals from such
interlocutory orders or preliminary in
functions should be made direct to the
supreme court.
Friends of the bill held out for still
another agreement, and that was that
section A of the bill, which amends Sec
tion Is Of the interstate commerce act
should be left as it passed the house
The conservative element demurred at
this suggestion. The section is the one
that provides that the commission shall
make rates which, in its judgment
shall be just and reasonable. The con-
seryatiye faction desired to strike out
the words 'in its judgment" unques-
tionably, declared the friends of the
measure, that would compel the courts
40 review the action of the commission
as to the business and reasonableness
of the rates fixed. Under the language
of the house bill they believe that the
courts will not review that question
After the adjournment of the senate
to-day Senators Aldrich, Knox, Carter
Hopkins, Cullom Fulton and Crane met
in Senator Aldrich's committee room
THE conference lasted nearly an hour
Both factions were strongly represent
ed. At the conclusion Senator Aldrich
stated that the bill would be passed
with section 4 left just as it came from
the house. One of the arguments that
accomplished this result wa- the action
of several senators in pointing out that
Senator Knox's rate bill authorized the
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