The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-05-15


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rfessly pf0vidiue me suuft fsvtes which its
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pIainir Implied IN me original laHe,ase
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venus FOR eeftsin setious vas In ~eftsih cSufts
tho amendment states that These e1ifts shall
have Jurisdiction ~ consider sueh Artiana
70 nv mind n seems dihicult n assent that
thia works any n a. whatever In the rfins
cinis ~ nc Hill Yours alhceffir.
%rHroboRp H%orspVHtt
The Hon William n Nilson, I nitrd states
Hrnats.
This is Attorney General Mociy's letter
10 the President
Noop1' sttrrNESr ~ tHp p%rFsfrvNr.
OVTtcE ~ rus ARROWS y-GESERAt,
wAsHtSuroS. MAY ~
NV DIAN MA PHrstptNt. send, A. your
request. an account ~ the conferences which
I had by your direction with senators TIL.
man and Bailcy upon the subject Of the court
review feature ~ the pending rate leais-
lation.
on April ~, Won told mo that Messrs Till
man and Bailey had communicated With
you through a third person, informing you
that they were willing 10 support an amend.
~ aat IN the laphuFn hill which Wills RN.
presaiy comforting jurisd iction on the courts
to review tho action Of the commission.
should limit the review TO the two questions
Of the authority OF the commission and the
const tutionalIty Of its action, and include o
provision forbidding the issuance OF inter
l~ocutory in functions. You told me that
they were not " Hing TO confer directly with
you, but would meet me.
You asked me II I thought that Congress
had the power to prohibit the issuance Of
interlocutory injunctions by courts inferior
to the Supreme Court, and ! told you that
having read part only OF the debate upon that
question, the sub eCt being new 10 me. / had
not formed q final opinion. You then asked
me whether. II such q provision were declared
unconstitutional, it would AFFECT other pro-
visions of the law, ! told you that In my
opinion it would not. as that provision would
be easily separable from the remainder OF the
law.
Recalling the advice which / had the honor
to offer to you. that you should not at any
stage become finally committed beyond recall
to any form of language In any part OF the Dill
and affirming your belief In the wisdom OF
that course. you then said that a provision
limiting the court review to the authority OF
the commission and the oonstitutionality OF
it's acts, and a provision limiting the issuance
OF interlocutory injunctions as far as was
constitutionally possible. would be acceptable
to you, provided II was decided not to try to
pass the Hepburn bill substantially unchanged,
and you asked me to meet the gentlemen
named in conference.
The conference was arranged by Mr.. Chan
dler and occurred on April 10. 1t was full and
free. 1t would be impossible to state all that
was said in a conference OF two hours. but l
think no false color Is given to the conference
by the following statement:
informed the gentlemen OF my belief that
YOU desired. il the scope OF the court review
were TO be expressed in che law at all, that It
should be limited to the two subjects herein-
before named; that In such case the so-cailed
Long amendment was acceptable TO YOU
that you would be glad to see a rigid limita-
ton on the issuance Of n. erlooutory injunc-
tions II such limitations were possible; and
stated further that I would not assume to
agree to any form OF Ian guage whatever for
you, but would submit any proposed amend
ment TO you for your consideration. l also
stated my doubt whether In any event It
would be possible to enact a provision entirely
lorbidding introductory injunctions.
81 found myself In entire accord with SEN
ator Bailey as to the rules Of constitutional
law applicable to the situation, with the ex-
ception Of those relating to the power OF Con-
gress TO forbid all interlocutory injunctions.
upon which ] did not offer any final opinion.
only saying that Mr.. Bailey's argument need
cd an answer. An attempt was then made
to adopt phraseology which would effect the
intention of tho two Senators. made some
notes upon This branch Of the subject and at
the close of the interview said to Senator
Bailey that ! would put my understanding
of their views upon the question OF phrase
ology in writing. send il to him. and. II IL met
with his approval. submit 1t to you. This l
did and on the next day sent the annexed
memorandum to Mr.. Bailey, enclosed In a
letter which reads as follows:
April 10. 1905.
my DEAR SENATOR: This rough draft
Ia as l understood your suggestions OF yester-
day. think is quite likely that this draft
might be bettered, but ! simply send 1t TO see
II / understood you, Very truly yours.
wv. H. MOODY.
Hon. JOSEPH W. BAILEY. United States
Senate"
The draft referred to Is the one printed
In last Saturdays Record. The conference
among the Democratic Members Of the Sen
ate then occurred, the press reports Of which
indicated that there was not an entire agree
ment among them. MIR. Tillman. however,
called to assure me that the prospects OF an
agreement among a large number OF the
Democratic Senators were good. ! heard
nothing further from Senator Bailey until a
later date. l informed you Of what occurred
at the interview between the twb Senators
and me, and you told me that you had been
informed from various Democratic sources
that an agreement among the Democrats
upon any amendment would be impossible.
The two Senators called upon me again on
the 2sd or cath Of April. There was some fur
ther talk about the form Of the amendment,
The suggestion was made that IL might be
possible after voting upon the provision for
bidding all interlocutory injunctions to agree
upon an amendment which would include the
- n0 poapdpnapt md Uhaf haa haan known