Dakota farmers' leader. (Canton, S.D.) 1890-19??, 1906-05-25

Public Opinion
Of Rate Bill
From Literary Digest.

|
Allison, presumably In the foril In
which it will return to the House, 1t
is difficult to strike balance in the
opinions and say whether the country
deems it a victory or a defeat for the
President. Roughly speaking, Re-
publican papers think the President
victorious and Democratic papers are
contrary minded. At first blush,
when, in the absence of Senator ALI
son, Senator Cullom introduced an
amendment in the Senator's name and
the President gave it his approval,
the Democrats in the Senate said
that Mr.. Roosevelt had deserted
them and then fired upon them. They
had been fighting for much more than
the amendment gave. But when
Senator Allison returned to the Sem
ate he himself discovered the amend
ment, purport was simply to make
the Interstate Commerce Commission
defendant in cases of review before
the Circuit Court, and the court re-
ceived full Jurisdiction. The real
amendment introduced by Mr.. Alli-
son is as follows:
81. The words fairly remunera-
tive are struck out.
"2. The orders of the Commission,
instead of going into effect III thirty
days, are to take effect in such time
as the Commission may prescribe. I'M
less set aside by the courts.
"3. iii suits begun 10y carriers to
set aside rates made by the Commits
sion the Circuit Courts of the United
States are to have Jurisdiction, and
the Commission is named as defend
ant in such suits.
~. Applications for preliminary
injunctions and interlocutory DEGREES
must be heard before three Circuit
judges, where there are three such
judges, and where not before two
such judges, and such District judge
as the two Circuit judges may select.
IS. There must be five days notice
to the Commission of the application
for a preliminary injunction before
the injunction can be granted.
"6. An appeal lies from the pre-
liminary injunction directly to the
Supreme Court, but it must be taken
within thirty days"
This in the opinion of the Buffalo
Express lind. Rep.) gives the conser-
vative group in the Senate about all
it wished for, as it provides for a
broad review clause. The Express
sums the result up like this:
Jurisdiction is vested in the Cir
cult Courts of the United States, and
three judges are required to pass up
on petition for the suspension or
modification of rate order issued by
the Interstate Commerce Commission.
That body shall decide what rate, in
it's Judgment shall be just and rea-
sonable, the phrase fairly remuner-
ative' being stricken out. Instead OF
an order going into effect within
thirty days, 'all orders of the Com
mission except orders for the pay
ment of money shall take effect with
in such reasonable time -. as shall
be prescribed in the orders OF the
Commission No order can be sus-
pended by the courts, except on hear
ing after not less than five days
notice to the Commission. An appeal
from an interlocutory order or decree
granting or continuing an injunction
in any suit shall be only to the
United States Supreme Court and
must be taken within thirty days
from the entry of the order or de-
cree" r-.
To the Louisville Courier-Journal,
Dem, it is absolutely clear that "the
Democrats saved the bill from being
smothered in committee. The Re
publican press, apparently neither
dispute es nor affirms this, and some
Democratic papers even, as for in
stance the New Orleans Times Demo
crat, think something has been
gained, and the public will doubtless
be thankful even for small favors
which may be granted by the Senate
in matters involving the interests Of
corporations. The New York Jour
nal of Commerce is anxious to see a
rate law working, but it fears that
the law as it now energies from the
chaos twill probably have very little
practical effect SO far as the 'rate-fix
ing power is concerned" The De
troit Journal, Rep, is glad that tht
House will sharply scrutinize the bill
and the New York Tribune fairly
represents Republican opinion in IT.
Endorsement of the Presidents state
ment that when all is said and dom
the Senate measure is like the origin
al Hepburn bill, which the. President
favored. Says The Tribune:
"The broad reviewers contend tina
they have carried their point because
the Federal Circuit Courts are em
powered to hear suits brought agains
the Commission. But If this is al
they desired to accomplish they hav'
secured concession which the sup
porters Of the Hepburn bill never in
TENDED to withhold. The trainers o
THAT measure and its supporters ir
the Senate have always argued tha
it left the courts open to any plain