The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-08
SITUATION TAKES
DECIDED CHANGE
Step Taken Toward Final Agree
ment on Amendment
ALLISON HAS RETURNED
Had Much to Do With Prompt Agree
ments On Railroad Rate Leeisla-
ton opositions-conces-
sion to Democrats.
ALLISON HAS RETURNED

/ Washington, May THE situation of
the railroad rate bill took another de-
cided change today, and at the same time
| there was an additional step toward final
| agreement as to what the judicial review
amendment shall be.
The Allison compromise proposition met
with such determined opposition from
those senators who have fought against
"a broad court review that despite
President Roosevelts acceptance of it.
and his declaration that other provisions
he had advocated were not vital, an
agreement was reached by which sew
eral restrictions will be placed on the
| review proposition. These were agreed
upon in consequence of many informal
| conferences on the floor of the Senate
during the. debate. The result is that in
return for the amendment comforting
jurisdiction of circuit courts to review
orders of the commission, friends of the
bill demand and by agreement of Senate
| leader will secure counter concessions as
follows
That no order of the commission shall
| be suspended or set aside by an interlo-
cutory order or decree without Aearlng
had ON the application therefor. unless
at least five days notice shall be given
to the commission of the time and place
fixed for said hearing
That such order shall not be made I'M
less two judges of the court to which
application is made shall concur in such
| interlocutory order or. decree.
That appeal from such interloeutory
order or decree may be taken within
thirty days from the entry thereof, but
shall lie only to the supreme court of
the United States.
Rate Making Section.
That the rate-malSing section of the
bill shall not be amended.
| Senator Allison's return to the Senate
today after a brief illness had much to
| do with the additional agreements. 1t
was during his illness that the compro-
mise propositions which bears his name
was given publicity. While he made no
complaint against the position in which
he was placed by the compromise amend
ment, he made it clear by his course that
he did not think he had been treated
he had paved the way to meeting
! ground for the contestng republican
factions To friends of the bill who look
ed upon the compromise as a surrender
I to railroad interests, he said the amend
ment did not preclude further amend
! ment which would expedite the review.
] He disposed finally of the argument that
! an insstance for such amendments
/ would be breach of faith with the
4f.r1s 4
promise. He did this by saying that
there had been no agreement. The eff
| feet of this statement was the threatened
overturning of the compromise and ne
gotiations We're at once opened between
the two forces.
Senators Dolliver, Lodge, Clapp and sew
eral republicans who had opposed the
amendment declared that if the Allison
compromise was adopted 1t must be fol-
lowed with the provisions before stated.
Senator Allison aided them in their cam
paign, and majority of the democrats,
loud in criticism of the action of the
resident In declaring that the Overman
amendment was not vital, Joined ranks.
and the whole made a formidable array.
The compromise disappeared as if by
magic. Finally Senators Aldrich, Knox.
| Crane. Foraker Lodge and a number of
| others agreed that If the Allison amend
ment were adopted they would consent to
| the adoption of some such amendments as
that offered by Senator Overman pro-
viding for notice to the adverse party
before preliminary injunctions are issued
suspending orders of the Interstate COM
meree commission and that offered by Sem
ator Bacon providing that such preliminary
shall be concurred in by two judges.
They agreed further that appeals from
such interocutory orders or preliminary
injunctions should be made direct to the
supreme court.
Friends of Bill.
Friends of the bill held out for still
another agreement, and that was that
section 4 of the bill, which amends sec
ton Is of the Interstate commerce act,
should be left as it passed the House.
| The conservative faction demurred at
| this suggestion. The section is the one
that provides that the commission shall
make rates, which in its Judgment shall
be lust and reasonable. The conservative
| faction desired to strike out the words
/ .'in its Judgment" Unquestionably de-
! clare the friends of the measure, that
would compel the courts to review the
| action of the commission as to the just
ness and reasonableness of the rates fixed.
i Under the language of the House bill they
believe that the courts will not review
| that question.
After the adjournment of the Senate to-
| day Senators Aldrich. Knox, Carter,
Hopkins, Cullom, Fulton and Crane met
! in Senator Aldrich's committee room. The
| conference lasted nearly an hour.
| Both factions were strongly represent
| ed. At the conclusion Senator Aldrich
| stated that the bill would be passed with
section 4 left just as it came from the
House. One of the arguments that accom-
panied this result was the action of sew
| eral senators in pointing out that Sem
ator Knoxs rate bill authorized the COM
| mission to fix rates which in its Judgment
were lust and reasonable. and that the
same language appeared in the Massa-
| chusetts statutes.
| The conference today, it is believed. has
about disposed of the points in dispute.
| The agreement reached by republican
| leaders is concession to the democrats.
The Allison compromise was not writ
ten by Senator Allison, but was prepared
| two weeks ago at a meeting of Senators
Long. Fulton, Nelson and Allison. The
| last-named submitted it to Senator AL
| drich and others a basis for a COM
| promise on the review feature. His Ill
| ness prevented him from disclaimng the
| g..