New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-02-23
MR.. KNOX'S RATE BILL In
PROVIDES FOR REVIEW.
LiUely Contest Expected in Senate
Committee To-day.
[From The Tribun. Bureau. ]

merce. after which the contending forces will
advance their lines to the Senate. where the
decisive contest will be waged.
The gage of battle was thrown down to-day
when Mr.. Knox introduced his rate bill in the
Senate Its vital feature. the clause for review
by the courts. is the standard about which q
large section OF the Republican membership OF
the Senate and q number Of Democrats win
rally Whether tina. feature is is not in
cluded In the bill as it comes from the commit
tee within the next few days It Will still be the
main issue, for It will subsequently, be offered
IN the Senate as an amendment. But Tonight
the pro- amendment Senators are confident that
the preliminary skirrnsh in committee will re-
suit in a victory for them. and VIII add the
amendment to the bill before it leaves the com
nittee. They are counting two and possibly
three, Democratic votes to add to the Ave Re-
publican votes of which they are certain TO
carry the amendment through.
A militant section OF the Democracy in the
Senate is watching every opportunity to make
political capital. Whether the leadership will
he successful in maintaining party lines against
the known disposition of some Democrats TO
vote for amending the House bill can only be
determined by the actual vote.
Mr.. Knoxs introduction of rate bill to-day
was surprise TO the Senate. knowledge that
he has been actively at work with Senator Crane
TO bring order out of the chaos which has ex-
listed for ten days the rate bill lent sig
nihcance to his action, and appreciation of that
fact was shown by the Senate listening with
deep attention TO the reading Of the bill in full
on its introduction-a rare occurrence in the
Senate
PRAISE JUDICIAL REVIEW CLAUSE
/ 1t can be said with authority that the judicial
review clause is entirely satisfactory the Re-
publican members Of the committee with the
exception of Senators Clapp and Dollver. who
are opposed TO any amendment Of the Hepburn
! bill IN that particular respect Some other feat
ures Of the Knox bill are opposed by extreme
! pro-railroad Senators being too stringent on
| the roads, but they will be subject TO future
| consideration.
Senator Knox's friends know that he has been
actuated all along by sincere desire to frame
a bill that would effect the ends desired by the
Administration. yet would stand the test of con-
stitutionality which any rate law will certainly
be put TO in the courts. He also labored to have
bill that would protect the interests of ship
i pers and the public at large, we'll be just
TO the railroads.
The course Of procedure in committee proba-
bly, will be TO lift out the judicial review clause
! from the Knox bill and offer it an amendment
TO the Hepburn bill. Senators Deliver and Clapp
mean to fight amendment TO the end. They
| tend that President Roosevelt is satisfied with
the Hepburn bill without the judicial review
clause, and Will urge its omission.
Senator Knox declared tonight that his bill
was not the result Of any conference between or
! agreement with other Senators. and represented
no views but his own He added:
| During the last six months have been care
fully studying the general question of rate reg
ulation. and from time 10 time putting down
the ideas which occurred to for the purpose
! OF embodying them in bill. / did not intend
! to introduce measure. but for some reason or
| otl er during the last few days I have been
| placed in the public mind standing out for
the review feature for which. of course the rail-
roads contending. My bill very clearly
shows that am standing also for the interests
| is covered in the bill. but an examination OF the
| measure will demonstrate conclusIveIy think
! that its principal purpose is for the public in
| terest
! Perusal of the bill viii prove that It is broader
| in its scope than any other that has been pre-
sented and that II Will leave fewer questions for
! controversy. The cases that have been decided
| ags inst the Interstate Commerce Commission
| have been in the main based upon the findings
! of the court that the particular matter COM
| planned of not within the terms OF the act
| as it now stands. I believe that no such con-
| struction as that could be put upon the bill, as
| by its terms II confers upon the commission
| Jurisdiction co-extensive with the regulative
| powers OF Congress under the constitution.
J PROVISIONS OF Mr.. KNOWS BILL
| Senator Knoxs bill provides that all acts Of
Congress and the provisions Of this bill relating
10 interstate commerce shall extend to all COM
mon carriers engaged in commerce to which the
| regulative power of Congress extends under tho
| Constitution Of the United States by the trans
| portaton Of persons or property wholly by rail-
road. by the transportation of persons or
property partly by railroad and partly by
water, when both used for a continuous car
| riage shipment. Said provisions shall also ex-
| tend to all the facilities and instrumentalities
| connected Herewith TO which the regulative
power of Congress extends, whether owned or
provided by the carrier or not" 1t also provides
that all charges Of whatever nature shall be just
| and reasonable. When a rate is unreasonable
the commission shall order it reduced. and when
reduced such reduced rate shall be the maxi
mum to be observed by the carrier, and when
| the commission shall order a practice to be
| changed its order shall be observed by the car
rier" The review provision is follows
| Section 5.-That the orders Of the commission
| except orders for the payment OF money shall
| be prescribed by the commission, and shall con-
! tinue for such period of time, not exceeding two
| years. shall be prescribed in the order of the
| commission. unless sooner set aside by the
| mission suspended or set aside by order of
| court in a suit TO test the laWfulneSs OF said
| order; but any carrier. person corporation,
| party to the proceedings affected by the de-
| cisiOn of the commission to the rate prac-
| tice covered by the complaint, or by its order
| prescribing different rate practice and al
| legng either or both TO be a violation OF its
their rights. may institute proceedings against
| the complainant and the Interstate Commerce
| Commission in the Circuit Court of the United
| States for the district in which in any portion
| Of the carrier or carriers that were parties TO
| the complaint may be located, sitting Is q court
| OF equity, TO have such questions determined,
! but in no other way shall the lawfuIness of such
! order be questioned, and In all such proceedings
| the court shall have power to make orders
/ ha UNa n rria from RI