New-York tribune., 1906-05-15
PRESIDENT REPELS ATTACK
Never Sought Democratic Senators Aid to Pass the
Rate Bill
No Amendment Made Condition Precedent Appro-Aev
General Moody Tells Of Conferences

works any change whatever in the principle cs
THEoDORE ROOSEVELT.
Hon. William b. Allison. United States Ssuats-
MR. MOODY TELLS OF CONFERENCE
Attorney General MOody's letter to the Presi-
Office OF the Attorney General
Washington, May "a. 1900
My Dear Mr.. President: / send. at your re-
had by your direction with Senators TfIrna1
and Bailey upon the subject Of the court review
feature Of the pending rate legislation.
On April IA you told me that Messrs. TiImaa
and Bailey had communicated with YOU through
third person. informing YOU that they were
willing 70 support an amendment - fIlS FTa--
burn bill which, while expressly cOnfeFring fl-
rlsdictiOn upon the courts to review the action
OF the commission. should limit the review 20
the two questions Of the authority Of the CON-
mission and the cOnstitutiOnality Of It's actiOns
ana lnclude provision fOrbidding the issuance
Of tnterlOcutOTy injunCtiOns. You told me thac
they were not willing confer directly with
you but would meet me- You asked me n
t9ousnt t1at Congress had the power to pro-
htb1t the issuance Of int0FlOcutOry iniunctiOns
BY courts inferior to the Supreme Court. and Z
tolo you that having read part only OF the de-
bate upon that question. the subject being new
to me, had not formed final opinion You
then asked me whether II such a provision were
declared unconstitutional. il would affect other
provisions Of the law. 1 told you that in my
opinion II would not. that provision would
be easily sepaTabIe from the remainder % ths
law.
Recalling the advice which had the honor
to offer you. that you should not at any stage
become finally committed beyond recall to any
form Of language In any part OF the bill. and af-
irming your belief in the wisdom OF that course
you then said that provision limiting the COurl
review to the authority of the commission and
HmltlhS tne issuance oI ihteIlocutoIy
as far as was cOnstitutiOnally possible. would bs
acceptable to you. provided il was decided MOTTO
try to pass the Hepburn bill substantially uIi-
changed. and you asked me 70 meet the gentle
men named In conference The conference was
arranged BY MI Chandler and occurred on ApFi-
ID. It full and free. II would be impOs-
sible to state all that said in conferences
Of two hours. but / think false color is given
20 the conference by the following statement:
SCOPE OF COURT REVIEW
Informed the gentlemen Of my belief that
you desired If the scope OF the court review
were to be expressed in the law at all. that &c
fore named: that in such case the sO-called Long
amendment was acceptable To you; that you
issuance Of interlOcutOry in1unctOns il such linn
itatiOns were possible; and stated further that
would not assume 20 agree to any form oe
lanSage Whatever Tor you. but would submit any
proposed amendment to you for your cOnsldera-
ton. also stated my doubt whether in any
event 10 would be possible to enact q provision
entirely fOrbiddlng interlOcutory injunctiOns. Z
found myself In entire accord with Senator
Bailey as TO the rules OF constitutional law an
Dlicable 20 the situation with the excentfOn Os
those relating TO the power OF Congress to forbid
All interIocuforg infunctiOns Upon which I did
not offer any final opinion. only saying that 1Gr.
Bailey'S argument needed answer An attempt
was then made to adopt phraseOlOgy which
made some notes upon this branch OF the sub
ject. and at the close of the interview said TO
Senator Bailey that would put my understand
ing OF their views upon the question Of phraSeOl-
Ogy in writing, send II TO him and. II it met
Win MS approval submit II 70 you rms dtds
ana on the next day sent the annexed nleuOTau-
dunn to Mr.. Bailey inClOsed in letter which
read as follows:
Ny Dear Senator: This rough draft is as under
quite likely that this draft might be bettered but
simply send it to see If 1 understood YOU VeIy
Hon. Joseph W. Bailey. United States Senate,
The draft referred to is the one printed IN last
Saturdays Record"
TALKED WITH TTLLMAN AND BAILEY.
The conference among the Democratic mem
beFs of the Senate then occurred, the press rs-
ports Of which indicated that there was not an
entire agreement among them 8Ir. TilImau.
however. called to assure me that the prospects
Of an agreement among large number Of the
Democratic Senators was good heard nothing,
further from Senator Bailey until later dats.
/ informed you of what occurred at the inter-
view between the two Senators and me. and you
told me that you had been informed from vaFl-
Gus Democratic sources. that an agreement
among the Democrats upon any amendment
would be impossible. The two Senators called
uDOn me again on April q or "a There was
some further talk about the form OF the amend
ment. The suggestion made that II mighe
be possible. after voting upon the provision for
bidding all interlOcUtOry injunctiOns. to agree
upon an amendment which should include the
Long amendment. and what has been known as
the Overman amendment. then said that IN
representing the executive branch or the goy-
ernment, even though il were inspired from
heaven, would not be accepted without change
by the Senate; that that attitude was natural
and proper, and II the exact language OF an
amendment which could be adopted should be
agreed upon. 70 ought TO be drawn by the Sena-
tors themselves / suggested Senator Allison as
a proper person for further conference. and the
matter. so far as was concerned ended there.
remember hearing nothing Of Il untN
I was just about taking the train for Norm
Carolina on May T. when was Informed by Mr..
Tillman and Mr.. Chandler that you had an
proved another amendment known as the Ait
son amendment There was nothing in the con-
VeFSatlOnS between the Senators and which
in any way bound you 20 any particular amend
ment or in the slightest degree impaired vour
liberty at any time to acquiesce in any amend
ment which you should deem expedient and IN
the public interest Very respectfully
WILLIAM H. MOODY. Attorney General
VIEWS OF THE PRESIDENTS FRIENDS
Friends Of the President who have read ths
letter and the statement OF the Attorney General
say the entire misunderstanding between the
Executive and Senators Tillman and Bailey an
pears to lie at the door OF the intermediary. ez-
Senator William E Chandler The President
informs Senator Allison that he was asked 20
see Mr.. Chandler "as representing Mr.. I'm.
man." whereas Mr.. TIllman Informed the SEN
ate that Mr.. Chandler had alleged that th4
President desired through him TO get In com
muniCatiOn with me as the Senator in charge Os
the Railroad Rate bill. and with Senator Bailey.
representing the Democrats OF the Senatea
etc. Il Is regarded as obvious that II Nrr
Chandler led Senators Bailey and TiIlman 20 ba-
lieve that he was sent TO them by the Presi-
dent, who sought 70 set into communication
with them. they began with false impression
which naturally led them into erroneous as
sumptions throughout the negotiations