Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1906-04-05
RATE BILL MODIFIED
PRESIDENT CONSENTS TO LIMIT.
Ed COURT REVIEW.
Amendment Limits Suit to a De.
termination of Whether the
Order Complained of Was Be.
yond the Authority of Com
mission.

Washington, April 2.-Friends of
the house railroad rate BILL in confer
ence with the president at the White
House Saturday agreed on an amend
ment providing specifically for judi
cial review of orders of the interstate
commerce commission. This amend
ment was presented this morning by
Senator Long, "A pronounced opponent
of any amendment which would per-
nit the railroads to obtain review of
character amounting to retrial of
the merits of the commission $ orders.
Senators Allison, Cullom, Dolliver.
Clapp and Long, Attorney General
Moody and Interstate Commissioners
Knapp and Prouty We're called to the
White House late in the afternoon.
Soon after they assembled the presi-
dent submitted the court review
amendment that was afterwards en-
dorsed by all present. number of
the conferees previously had seen the
draft. but Its authorship was not dis
closed.
Wants to Ascertain Sentiment.
The president announced that he
had decided upon the meeting because
he desired to ascertain the present
state Of feeling in congress regarding
a judicial review feature in the legis-
lation. It was made clear that he had
not changed his views regarding the
pending bill, and similar stands were
taken by the others. The president
thought, however. that in Difference
to the large number of senators who
honestly believed that the bill without
such feature would be unconstitu-
tional, the bill should be amended if
it could be done without surrender
of the purpose of the legislation. This
could be done, he believed, by an
amendment which he then read 1t
proposed to strike out paragraph IA
and insert as part of section Is the
following:
THAT all orders of the commits sion,
except orders for the payment of mon
ey, shall take effect within such rea-
sonable time as shall be prescribed by
the commission and shall continue for
such period of time, not exceeding two
years, as shall be prescribed in the or
der Of the commission, unless sooner
set aside by the commission, or sus
pended or set aside in a suit brought
against the commission in the circuit
court of the United States, sitting as
a court of equity for the district
wherein any carrier plaintiff in such
suit has its principal operating Office,
and jurisdiction is hereby conferred on
the circuit court of the United States
to- hear and determine in any such
suit whether the order complained of
was beyond the authority of the com
mission or in violation of the rights
of the carrier secured by the constitu-
ton"
Discretion Of Commissio Absolute.
Discussion continued for an hour.
1t was analysed to ascertain whether
under it's terms an order of the COM
mission lowering rate could be de-
layed in taking effect. Attorney Cen
eral Moody and other lawyers pointed
out that the discretion of the commits
sion is absolute. Without specifically
declaring against restraining orders, it
makes it extremely doubtful whether
court would attempt to interfere
with an order except in the manner
provided.
When the president asked whether
an amendment of that character
would be adopted by the senate, the
senators present said they thought
they could promise twenty-nine Re
publican votes for it and that there is
little doubt that practically the whole
minority would support it.
Senator Long had given notice that
he would address the senate on Mon.
day. and therefore he was chosen to
offer the amendment and speak upon
it. He said that the amendment meets
the demands of those who opposed the
pending bill on the ground that with
out provision for judicial review the
measure is unconstitutional, and that
it is satisfactory to the real friends OF
the bill. Others who participated in
the conference have pledged them.
selves to support the amendment.
They believe that if it is shown that
there is majority in favor of the bill
as it is proposed to amend it. it will be
adopted practically by full vote OF
the senate.