The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1906-05-11

Amendments IVES Listened to With
:s9Spnf o9Iql "a pIgeq 81 o. s! e7Io
Great Interest-Data for the Basis
of the Agreement Prepared and
Exchanged Between the Senator'S.
Washington, May 8.-Conference in
the senate yesterday which resulted in
positive agreements on six propositions
to be incorporated in the Allison
amendment to the railroad bill were
ratified today by additional conferences
of senate leaders representing all re-
publican factions. That there could be
be NO further misunderstanding this
data for the basis OF the agreement was
prepared and exchanged:
The Allison, amendment is to COM
prise six propositions:
First, The words fairly mune
tive in section 4 Of the bill are to be
stricken out;
Second, The words in it's Judgment
IN the same section are to retained;
Third Jurisdiction is vested in the
United States circuit courts to hear and
determine suits against the commits
sion;
Fourth, No preliminary injunction
or i~nterlOcutOry order is to be granted
without q hearing and notices.;
Fifth, The application for prelimi-
nary injunction or i~nterlocutory de-
Sixth, A direct appeal from the in
terlOcutOry order or decree to lie only
to the supreme court OF the United
States"
Under the first and second clauses Of
the agreement, the rate making section
OF the bill will authorize the inter-
state ommerce commission when after
full hearing it shall be OF the opinion
that rates are unjust or unreasonable
or unjustly discriminatory or unduly
preferential or prejudiclai to determine
and prescribe what will, in it's judg-
ment be the just and reasonable rate
or rates, charge or charges, to be there
after observed in such case as the max
imum to be charged.
The third clause is the original ALI
son compromise amenument and SIM
ply cOnfers jurisdiction on the circuit
courts to hear and determine suits
against the commission The fourth,
fifth and sixth clauses place certain re-
strictiOns upon the granting OF injunc-
tons and provide for the appeal Of such
orders to the supreme court.
In the absence today Of Senator Alli-
son from the senate, Senator Cullom
offered the Iowa senator's compromise
amendment to the railroad rate bill.
He said that Mr.. Allison would himself
have offered them but for the fact that
he was i'll. He asked that the amend
ment should be printed and lie over,
saying that Mr.. Allison would be in the
senate tomorrow and take charge OF
them himself.
Senator Raynor offered an amend
ment to the amendment making specl-
fcations to be made in applying for a
court review.
The reading Of the Allison amend
ments was listened to with great inter
est. and at it's conclusion the amend
ments were hurried to the printing Of
flee with instructions to have them
printed and returned to the senate to-
day. The language after striking out
the WOIuS ldk11t I ~
ton 1 of the bill provides for the in
sertion after the words prescribed
the following:
. "Al orders of the commission eX-
cept ord s for the payment OF money;
shall take effect within such ~reasonable
time and shall continue in force 1ol
such perid of time, moi exceeding two
years. as shall be prescribed in the or
der Of the commission.
In the same section the provision
specifying when orders OF the commits
sion shall take effect is stricken out.
Then comes in the original Allison
amendment providing for the bringing
of suits against the commission ant
after the word office" is to be insert
ed the following: And if the order OF
requirements has been made agalns
two or more carriers, then in the dis
trict where any one of said carriers ha:
its principal operating Office, and il thu
carrier has it's principal operating OIL
fee in the District of Columbia theI
the venue shall be in the district Wher'
said carrier has it's principal office an
jurisdiction to hear and determine sucl
suits is hereby vested in such courts.
In the same section after wore
''suits'' is to be inserted: including tn
hearing on an application for a pre-
liminary Injunction"
After the word causes is to b.
added: provided hat no injunction
~interlocutory order or decree, sus
pending or restraining the enforcement
of an order of the commission shall b.
granted except on hearing, after no
less than five days notice to the com
mission. An appeal may be takel
from any interlocutory order or deere
granting or continuing an injunction
in any suit, but shall lie only to tn