The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-04-02
Which Is to Make the Rate Bill
Satisfactory.
LET'S THE COURTS In.
Programme the Result Of a
White House Conference.
At Which Roosevelt Acted as
Master of Ceremonies.

washington. April Friends Of the
house railroad rate bill, in conference
with President Roosevelt at the White
House have agreed upon an amend
ment providing Specifically for judicial
review of orders Of the interstate com-
merce commission. This amendment
will be presented by Senator Long, q
pronounced opponent OF any amend
ment which would permit the railroads
to obtain a review Of the merits OF the
commissioner order.
Senators Allison, Cullom. Dolliver,
Clapp and Long, Attorney General
Moody and Interstate Commerce Com
missloners Knapp and Prouty were
called to the White House. soon after
they assembled, the president submit
ted the court review amendment that
was afterward indorsed by All present
A number of the conferees previously
had seen the draft. The president an
nounced that he had decided upon the
meeting because he desired to ascertain
the present state of feeling Ia congress
regarding a judicial review feature in
the legislation 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 senator's who hon
estly believed that the bill without such
a feature would be unconstitutionalth The
bill should be amended if il could be
done without a surrender Of the pur-
poses of the legislation. This could be
done, he believed, by an amendment
which he then read. It proposed TO
strike out the paragraph at the bottom
Of page IA and insert as part OF sec
ton 16. the following:
That all orders Of the commission
except orders for the payment Of lnon-
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 u the or
der of the commission, unless sooner
set aside by the commission CT sss-
pended or set aside Ia suit brought
against the commission IN the circuit
court Of the United States sitting as q
court of equity for the district wherein
any carrier, plaintiff IN suck suit Ii2e
its principal operating office, ara jlrls-
diction is hereby conferred on the cir
and determine III any such suit whether
the order complained Of was beyond the
authority Of the commission or III viQ-
lation Of the rights Of the carrier Sc
cured by the constitution"
Discussions continued for an hour. Il
was analyzed to ascertain whether. un-
der it's terms, an order OF the C9nruis-
sion lowering a rate could be delayed
in taking effect. Attorney General
Moody and other lawyers pointed. cut
that the discretion Of the commission
is absolute. Without specifically dec4ar-
ing against restraining orders It makes
It extremely doubtful whether a court
would attempt to interfere with an or
der 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 Republican votes
for it and that there IS little doubt thNE
practically the entire minority would
support it.
It was agreed that the amendment
should be offered as soon as possible
Senator Long had given notice sffit ne
would address the senate TO-DAY. ana
therefore he was chosen to ofser the
amendment and speak upon IL z4e
will saw that the amendment meets the
demands of those who have oppoFed
the pending bill on the ground rnat
without a provision Tor Judicial review
the measure is Unconstitutional. and
that it is satisfactory to the real friends
Of the bill. Others who participated II
the conference have pledged them
selves to support the amendment. Inef
believe that if it is shown that there ia
majority of the senate in favor Of the
measure as it is proposed I'd amend e
will be adopted by practically q fua
vote of the senate