The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-05-12
NO BACKSLIDING
BY The PRESIDENT
Senator Clapp Shows that Roose,
welt Has Not Surrendered
on Rate Bill.
EssWa,
9MITE;
BY w. w. Jermane.

BY w. w. Jermane.
Washington, May 12-While good
deal is heard, in the newspapers and
elsewhere, to the effect that the presi-
dent has abandoned his original posi-
tion on the rate question, and indi-
Gated his acceptance of something that
gives comfort to the opponents of that
legislation, it is significant that no
body in the senate is making any such
claim.
To a man, the president IS friends in
the senate, including the supporters
of the house bill, maintain that he has
not surrendered anything in accepting
the Allison amendment. It is the
n, soscalled conservative forces of
the senate have been routed, horse,
foot and dragons, as has been fire.
quently set forth in this correspond
ence, and that the bill, as it will
finally be enacted, will stand for even
more than the president had originally
demanded.
The question of court review is be-
set with so many legal refinements and
technicalities as to puzzle the average
layman who attempts to consider it in
be taken as to just what change there
has been, if any, in the president s po-
sition, and SO [ have alluded to the
fact that all the friends Of rate legis-
lation in the senate regard the presi-
dents position as being unchanged. :
True Men Support Tt. y =
It would obviously be very difficult
| to bring such men as Senators Doli-
yer, Nelson, Clapp and Allison-I men
tion these men because readers of
I
what they represent i'm this discussion
| around to the support Of any propo-
sition which would give the courts the
| power of the "broad review of which
so much has been heard. The best evil
! dence that the Allison amendment does
not provide for any review is found in
! the fact that these men are among
those who support it and say that it
does not indicate any departure from
the original position taken by the pres
| ident ....
request made by the Journal CORE
spondent, dictated the following state
! ment:
"The president is certainly entitled
| to great credit for the stand he has
| taken in the solution of the rate legis-
| lation. s.'
"When the bill was in the commit
| tee it became impossible to agree on
! any amendments, and we finally re-
ported it out as it passed the house.
Merely a Technicality.
"The president felt that the bill was
a fair reflection Of the views which he
had twice urged on congress. He also
realized that any attempt to deprive
one Of his property rights without a
day in court would be void, but he felt
that while the bill did not in direct
| terms provide for going into court, yet
it was free from any constitutional OBJ
| lection on that ground, because prop
| erty rights guaranteed by. the consti-
tuition could be tried in the courts
| necessary to expressly state in the pro-
| posed law that such right existed.
"This was also the view of many
friends Of the bill. There were others,
however, also friendly to the bill, who
| insisted that it should expressly pro-
vide that parties might go into court
| to assert their constitutional rights,
and it was urged by them that If under
the bill the right existed as we claimed
that it did, there could be no possible
objection to stating it in the bill.
| "In addition to this difference of
views, there were some who favored
what they called a broad review and
this has given rise to some confusion.
| "Some three weeks ago, appreciate
| Ing the force of position of some of the
friends Of the bill who insisted that
it should plainly state what all of its
friends claimed it contained, the ques-
| ton of adding such a statement was
| discussed, and found expression finally
in what has been known in public as
| the Long amendment. .~'--
| Did Not Change Bill. -
| "This had nothing to do with what
has been popularity understood as a
| broad review but, on the contrary,
was conceded by all to be plain state
. ment Of what it was claimed was the
practical effect of the bill anyhow as
it passed the house, namely, that par
ties could go into court to assert their
| rights, which the friends of the bill
| away. +~s- :'- ~, ZAP
"After this was ordered printed, 9th.
er suggestions along the same line were
made, and finally what is known as the
/ Allison amendment, which practically
accomplishes the same as the Long
amendment, seemed to meet with favor
among the friends Of the bill who had
been contending that there should be
a declaration in the bill sof the charac
GSr ItIerfou TO.
| "The president, satisfied that this
did not change the effect Of the bill
issued statement Saturday favorine
the Allison amendment, with portion
of the Long amendment relating to no
itice being required before restraining
order should be issued,
"Some Of the enemies Of the presi
dent are trying to get some comfort
out of the situation by claiming that
he has abated from his original advo
cacy Of the bill. This is most unfai
and unjust to the president.
i 4 Had Three Courses.
Three things were open to him:
/ First-He could have stood bael
and said that the senate might fight thi
out; that he had to deal with only gen
.eral principles; but this would have
been foreign to his nature, when, by
the just interposition Of his own, views
he could effect speedy solution of tn,
question.
"Second-He might have stood bacl
and let the difference of opinion posi-
bly, defeat the measure without subject
ing him to any criticism, had he see,
fit to insist upon the exact terms O.
the original bill, and by assuming t,
insist upon what was in effect not ma
terial, but which he could have easil,
created the impression by his mer,
insistence was material, throwing tn
responsibility upon congress. A smalle
"Third-He might entirely have dis
regarded the criticism Of his enemies
1 L L IL ~ -. n y =