New-York tribune., 1906-03-24
RATE ISSUE IN DOUBT.
QUESTION OF AMENDMENT
Dir. DoIliUer's Stand for Unchanged
Bill Not Widely Supported.

Washington. March 23-An anomalous condi-
ton Of affairs exists in the Senate regarding
the railroad rate bill, in respect to the opinion
Of Senators to the outcome. Senator Dolli-
yer. Of Iowa, who is popularity supposed to rep
resent Republicans who advocate the most strin-
gent form Of legislation, expressed the opinion
to-day that the Hepburn bill would be passed
by the Senate without amendment. The anom-
ally Of Senator Delivers position. as is
pressed by that opinion, is that he and others
who may agree with him are at variance with
President Roosevelt and with a large number
of Democrats who believe that the Hepburn bill
ought to be amended.
More than two weeks ago President Roose-
welt announced to callers that the Hepburn bill
might well be amended in several particulars,
which he outlined. The opinion has been ex-
pressed on the floor Of the Senate by some Of
the most eminent authorities in that body on
constitutional law that without amendment Of
the bill in several particulars it would be un-
constitutional. and the whole subject Of rate
legislation would have to be threshed over again
at another session Of Congress.
Senator DolliHer's announcement therefore
astounded his colleagues in the Senate to-day
It was reported about the corridors that he had
gone so far as to say that he would insist on the
Hepburn bill in its present form or nothing
That rumor occasiored much comment among
his colleagues. Up to this time the hope has
been entertained that the presumably narrow
margin OF difference between Senator Dolliver
and those in accord with him and group Of
his colleagues who favor more conservative
law could be erased.
DISPUTE BEING NARROWED.
The vital questions at issue in this railroad
rate legislation are being narrowed by gradual
process Of elimination. Every speech that has
been made on the Democratic or Republican
side in the last ten days has indicated that the
great lawyers in the Senate are getting closer
together. 1t may be, as Senator Dolliver himself
intimates in private conversation, that the
points of difference, while fewer in number, are
none the less vital, but conservative Democrats
and Republicans have insisted that agree
ment on bill with amendments has been daily
growing more likely.
It is not thought probable that Senator TILL
man and Senator Bailey agree with the ma
jorfty of the Senate. Republican Senators say
that it would be remarkable spectacle to see
Senator Dolliver and few Republicans who
might agree with him slough off from the ma
jorty and compose minority to denounce the
perfected legislation.
Prominent Republicans including Senator
Crane. Senator Allison, Senator SpOOner, Sena-
tor Knox, Senator Lodge and Senator Adrtch,
earnestly working to obtain a bill which VIII
stand the test Of the court and not require thaL
the task be gone over again by Congress. They
are all agreed that the Hepburn bill must be
amended. The Tillman and Bailey faction Of
Democrats say that the bill must be amended.
but do not agree with the Republicans as to the
form OF amendment.
MANY STILL UNDECIDED.
1t is evident that several Senators on both
sides Of the chamber are perplexed and in doubt
over certain features Of the bill. and are likely
to be swayed by the opinions Of some Of
the eminent constitutional lawyers. Senator
Spooner's constitutional argument was listened
to with marked attention, but 1t is too early to
gauge its effect. The speech Of Senator Knox
is awaited with deep interest AS an ex-Attor-
ney General OF the United States. who prose-
cuted the Northern Securities case and won
great victory against railroad mergers, his
opinion the Hepburn bill will have much
weight and may decide some votes.
The consensus Of opinion OF Senators on both
sides Of the chamber is adverse to Senator Dol
lvers belief that the Hepburn bill can De passed
without amendment