The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-05-13
pRooREss 0V TRE RATg mn.
several Pastures " the aesfaned AiIssen
Csmprs w,tse Are Adopted

WASHINGTON, May i2.@The Senate to-
day adopted several features ~ the so
called Allison compromise, Including the
court review provision, Efforts we're made
% change the court review amendment,
Certain changes offered nv Senator Bacon
to limit Judicial review were rejected. "a to
70. all the Democrats except Mr.. Teller
voting for them and all the Republicans
except Mr.. La Toilette against. An amend
mont Of Mr.. La Toilette, forbidding Federal
Judges who owned railway stock OF bonds
or who accepted passes from deciding
any railway case, was defeated, ~ to n,
Messrs. Gallinger and McCumber being
the only Republicans who voted with Mr..
La Folstte for IL. Mr.. McI.aurin revived
this amendment. which was strongly con-
demned as a reflection on the Judiciary,
but it was laid On the table. 40 to q.
A slight change in the Allison court re-
view amendment was accepted when the
amendment was offered. This provided
merely that q suit against the Interstate
Commerce Commission might be brought
at any tins after the commissions rate
fixing order had been issued. The court
review amendment was adopted without
a demand for a roll call. As agreed to
it reads as follows:
The venue OF salts brought in any Of the
Circuit Courts OF the United States TO enjoin.
set aside. snnul or suspend any order or re-
quirement OF the Commission. shall be In the
dist riot where the carrier AGAINST whom such
order or requirement may rave been made
has it's principal operating office. and may
be brought ut any time s.ter such order Ia
promulgated: and II the O rider or requirement
has been made a gainst t'So or more carriers.
then in the district where any one OF said
carriers has its principal operating ONCE; and
II the carrier has its principal operating office
in the District Of Columbia. then the venue
shall be In the district where said carrier has
its principal office. and jurisdiction to hear
and determine such suits Is hereby vested
In such courts"
The Allison amendment extending to
hearings and applications for preliminary
injunctions the provision Of the act for
~expediting such cases was adopted.
MIR. O~verfnan tried unsuccessfully to have
the Senate accept his amendment provid-
ing that preliminary injunotions should not
be granted without notice and hearing. and
then Mr.. Allison proposed his own amend
ment on that phase Of the legislation, 1t
was adopted by q vote Of 7S to 8, the mega
tive votes being cast by Clarke Of Arkan.
sas and Morgan and Pettus Of Alabama,
all Democrats. The text OF the amend-
ment follows:
Provided. that no Injunction. interlocutory
| order or decree suspending or restraining
the enforcement OF an order OF the COM
| mission shall be granted. except on hearing.
after not less than Ave days notice to the
, commission. An appeal may be taken
from any interlocutory order or decree grant
ing or continuing an injunction In any suit,
but shall lie only to the Supreme Court OF
the, United States; provided. further. that
the appeal must be taken within thirty days
from the entry of such order or decree. and
IL shall take precedence In the Appellate
Court over all other Gauges, except causes
OF like character and criminal causes.
After some minor amendments were
adopted Senator Daniel offered an amend
ment providing in cases OF court review
for carrying before the court the evidence
taken by the Interstate Commerce Com
mission. To this Senator Foraker sug-
gested some notifications.
After an hour had been consumed in dis
cussing Mr.. Daniels proposition Mr.. Till
man tried to secure an agreement setting
n day for a vote on the rate bill. Mr.. Hale
objected. Too much time had been given
TO the court review features and not enough
to other matters, he said. He regarded
| the enlargement Of the interstate commits
sion's personnel as quite as important, and
yet no attention had been given 70 II.
The Senate was unable to agree upon
| the Daniel amendment when at 0 o'clock
il adjourned until II o'clock Monday morn
ing