The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-03-18
RAv
Won RATE FIGHT
Bill Bill Will Ill Y. Allow ! 'I,W' Appeal
and Suspension Pend
ing Review.
PRESIDE NT is SAID
TO HAVE CONSENTED
Republicans Of Senate Have Got
Together and Will Vote Solid
ignore Trouble Ahead
for Panama Canal.
Entertains Grid
iron Club.
From Our Regular. corresponaenr..

Trom Our Regular Correspondents,
WASHINGTON, D. G, March 17.--rn-
terest in the rate legislation proposed at #
this session of Congress has not wancd.
but Indications are that the situation, In
view oil recent Developments. will soon
lose much OF its interest. ia
There is abundant ground for The state
ment that the Republicans OF the Senate
have got together, and that they wifi
vote soltdly for bill which Will permit
an appeal 10 the courts from any de-
cislo1i of the Interstate Comn1erce Com
mission affecting rates. Furthermore, 1t
is to be provided lin the bill which the i
senate VIII pass. according 10 the best
antliorit y.s that the rate fixed b.. the +
commission shall not go into effect, pend
Ing an appeal to the COURTS AT; any
rate. II this Is not specifically stated In
the bill. IT IL Understood by the Repi,b-
licans who will support 1t that the bill
Will allow the courts to enioin tho on
foreement OF the order of the commission.
The Republican, senutors who stood out
against rate regulation of the kind pro-
posed by the Hepburn bill. when 1t came
firm the House. have ali along contentle,i
that the ronds had tho constitutional
right OF appeal. This was the apparent
line OF cleavage between the Republican
members of the COMMITTEES on Interstate
! Commerce. led by Messrs. Deliver and
Clapp representing the President and
known as "the railroad Senator's
Many Conferences.
But Senator Clapp. In the course Of:
ms speech on the floor of the Senate In I
advocacy OF the bill. declared that the
courts would have the inherent right to
entotn the commission from enforcing an s
order until the railroads had had their
day in court. This created a sensation
among Democratic advocates of the hill.
who had thought that the admnistratic,,
Republicans were viii, them. In favor or
a bill which would really regulate r,ffes
ri Since Senator Clap s speech. there have
| been many con- erences bet tween the two
wings of the Republican, party In the
Senate. between those supposed to repre-
sent the administration aud those OPP
posed to the Hepburn bill, which did not
provide for court review. Tho strongest
contention of the advocates of TINT bill
was tint the roads would have the con- 81
stitutional right OF appeal to the courts
but that this did not carry with 1t the (
suspension of the rntc fixed by,.thc com 81
mission. Senator Bailey has all along
5contended that the Congress had the
right to limit the right of appeal--that
is. 1t could indicate tho courts into which
the case should be taken, and that the \
right OF, injunction could also he limited
to certain courts or courts of certain,
Jurisdiction only si 81 IA & s8s
Have Railroads Won?
But tile Republicans of tho Senate. al
pear to be solidly against this contention
1T is understood now that they will vote:
against any attempt to limit the right
of review, or to provide In the bin TINT
the rate shnll not be suspended. pending
an appeal to the courts. Under the bin i.
as it will pass the Senate. the roads
will only have to apply to Federal
court. and the order OF the commission
fixing n rate will be suspended until the
case is decided by the tribunal to which
it Is TAKEN. ia
1t is understood that the President has
consented to sign a bill OF this kind
When this becomes generally known
among the Republicans there is no doubr
that the majority of the House VIII vote
ITO sustain the Senate. RE-
IS So that, as matters are at present, the
railroad fight has been Won by the rail- AZ
roads, and against wlia It appeared at the
opening of the present session to he &
tremendous odds. The law which wi l#be =
enacted at this session will not be Of II
Echaracter@whtch will hurt the railroads..
And 1t will not be of any special benct fit TO
the shipper. Once a rate case Is got into
the courts, the railroads will be all right.
Rate cases taken to the courts from the 4;
Interstate Commerce Commission were
begun in 1889, and have not been decided. I'D