The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-05-13

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n hsi ,%irlstsgi The euns'itutiural fsehts
N fhe esffief w. Chandler stess't thHt
me pf,~Hiaut f~sfes,ed that W. hHd tesehei
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World ~ uualtefahie
sMg ChsnilaF fnrthey ssii NJ tc'd tho
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lhae thn etratef pWft ~ the DennocFass
wn,sld In,n IN tho President Limitations N
ltss court. hui that M Iiaiiey and mynpif
Wosld ufsr IN addition soin~ prohihi I'M
ef tla cnurta from is,slne - Parts IN
functions, and he said that th~ President
efopped him. saying that he need not en-
Iagae ipnn this point ieeause h~ WHa
heaFtilv iu favor ~ strh = FestTictior "
hiunctlona
sOn the net, day. SUNDAY, April I I ~.
peated "a Senator lislley Mr. Chambers
statements and that day ~ Monday norhlnR
Informed W.. Chandler thai we did nO, he.
lievr therr could ~ any dificulty In cunning
10 an understanding an ths basis propossd
by the President; and on tbe evening Of Mon
day Mr.. Chandler told me he had ~ asaured
che President and asked him not 20 be dis
aurbeh by the newspaper items growing out
of the taIh about senator Longs amend
ment published In the newspapers ~ one
egreed upon AZ q White House conference
on Saturday.
mir. Chandler and I continued TO see each
other every day, and on April 6 | told him
Of the existing s~ituation-that there was no
trouble and that progress was being made
and he went 10 the White House to make q
favorable report 70 the President. On
Saturday. April 7, I was called to South
Carolina, but saw Mr.. Chandler and gave
him the substance Of m interview with
Mr.. Bailey on that day, which had indicated
that everything was going a. we could
wish.
"On Wednesday. April II, | had a full
talk with MIR. Chandler, who afterward on
that day informed me had reported to the
President. Mr.. Chandler told me that he
had on April s conferred with Senator
Allison and had asked him TO intervene in
the conferences that were going on, and
that MIR Allison had agreed TO do so and
that the President had seen senator Allison
about it.
-On April 10 Mr.. Chandler informed me
that he was sure that Mr.. Bailey and l had
better confer, not only with him, but
also with Attorney General Moody, as a
representative of the President and his
trusted adviser on the law points involved
MOODY IN PERFECT %
Therefore, on April is. by an arrange
ment made by Mr.. Chandler, Mr.. Bailey
and / had a long conference with Mr.. Moody,
In which we found ourselves in perfect
accord with him, except that there was a
difference of opinion on the question whether
the prohibition Of injunction should be
only until after notice and hearing and not
necessarily until the final decision OF the
case. There was absolute accord from the
hrst on the proposition that the court re-
view should be limited to theinquiry whether
the commission had exceeded Its authority
or violated the carriers constitutional
rights,
After talking over the case Mr.. Moody
said: 4 will send you what / understand
to be the kind OF an amendment we can
agree on and which I think you will accept.
Mr.. Moody on the following day sent q
typewriter draft Of a memorandum Of our
joint views to Mr.. Bailey, and l have the
original here.
"1he morning after the Democratic con-
ference / went to zee Mr.. Moody alone and
told him not to be alarmed by the Jews
paper reports; that we could, I felt sure.
get twenty six votes and possibly one or
two more for the proposed amendment,
and il the President was certain Of twenty
Republican votes it was a sure thing.
EVERYTHING e UPON.
Subsequently Mr.. Chandler made an-
other appointment with Mr.. Moody and
Mr.. Bailey and ! saw him at the Department
Of Justice. The conference was brief and
one or two slight verbal changes were made
In the proposed amendment and everything
was agreed upon; the understanding being
that we would work together with the
President to get the necessary votes to
pass it. Mr.. Moody expressed the doubt
whether President Roosevelt could get
enough Republicans to pass the Bailey
proviso, but felt sure the Overman amend
ment would 60. But he declared it to be
the Presidents fixed purpose to insist on
the Long amendment US to a narrow court
review.
with this draft made by Mr.. Moody be-
fore me / prepared a brief amendment,
which was offered in the Senate on May 8.
The day before 1 had talked with Senator
Allison concerning such a condensed amend
ment and on the morning Of the third I