New-York tribune., 1906-04-01
,GREE0N COURT REVIEW
CONFER At WHITE HOUSE.
uepbnrn Bills Friends Decide on
cpecifc. Limited Prouision.
- - TrIhun. Bureau. ]

hfrEf
,'.on railway rate legislation was held at
-,~si,s House this afternoon. The President
..5 senators Allison. Dollver. CulIor,
md Long Attorney General Moody and
'oI-.,sstorers Knapp and Prouty Of the Inter
-, commerce Commission. They gathered in
s r-.staaDt's Office by appointment at 2:45
w - eft II just an hour later The decision
use that an amendment providing for
- soe,fae court review is to be introduced
senate hr one OF the Republican friends
a the Hepbnrr bill
-e,.;.,i,,s the consent Of Senators Clapp and
-,-,,,..~ - snch an amendment. President Roose-
-. h.e eas7es an important point AT the out
- ,bs discussion Of rate legislation both
a,. 6rr1lv and unequivocally for the Hep
rr1 exactly as it came from the House
s,,l.rs5 that they would fight any amend
10 matter how unimportant. TO the bitter
! .Ae lsst few weeks. however, they have
-. - another view OF the matter. The argu-
.. advanced by Senator Knox and other
- the administration who asserted that
,..,r ,i,hout p court review provision would
=, 5s,lsred unconstitutional had their effect.
- .t ro-day-s conference 1t is understood, both
e.-.,or Dolliver and Senator Clapp agreed 10
,,,,no-t an amendment calling for a limited spe-
-+sc review by the federal courts.
74ss has been the stand taken by President
u.bss time and again told his friends that he
vas in favor Of limited review If his legal ad-
,4ss-s assured him that bill unprovided with
srcb sn amendment would be likely TO fail when
mt ~ the final test This. they told him. would
ursoubtediv he the result if the court review
clause were omitted.
As the President has contended all along for
- ar1endment providing for the least possible
soope Of review ;hat viii make It pass muster in
rhs Supreme Court. II may he predicted with
certainty that the amendment 70 be introduced
viii he neither very comprehensive in scope nor
eKrer5ed in vertiage
When TIE conference ended the individual
Senators ana officials who composed 1t We're ret
lcent as 70 what had taken place, and hurried
from The building.
i Just came 70 pay NY respects" exclaimed
Senator Long as he fed through the door
No. have nothing 10 saw" remarked Senator
Dolliver. as he climbed into a cab already pre-
enpted by Senator Allison 7 got a collector
supoInted. that ALL
Was the conference on rate Iegislstion7' the
Attorney General was asked. as he was strug-
Cling with his overcoat preparatory to quitting
the building
The Attorney General considered the question
foT moment. and then replied: "A man is
known hy the company he keeps"
The meeting was arranged by the President
fo- the exchange of views among those whose
counsel he has sought ca the problems involved
ana Tho are in thorough accord with him on the
rate suhiart From time. 10 time the progress
- the debate upon The matter he has consulted
"ith them. siagly or in groups. and he arranged
70 have them meet in his Office to-day for the
pDrVose 70 comparing notes and by an inter
hanEe of idess. arriving at 4 definite decision
IS 70 The Hepburn bill
TTy Tho sssociat-d P7ess.l
Washington March 3l.-Friends Of the House
Railroad Rate hin in conference with President
Roosevelt al the White House today. agreed
-pon an aHendmen1 providing specifically for
-l~teiai Te'-e---f -c-ers Of the Interstate Com
meTee Commission This amendment win be
presented IN Monday jy Senator Long. pro-
houncsd opponent Of any amendment which
"oaid permit The railroads. TO obtain review
O . character amounting to -e-trial Of the
merits Of The commissions order
The President told those present al ne con-
Terence hat, in Difference 10 the large number
% Senator'S who honestly believed that the bill
hhhoGt such . feature would he unconstitu-
uPaai h thought the hiD should be amended
y II could b. done without a surrender Of the
purposes of The Legislation. This could he done
4e relieved, by an amendment which he then
read II proposed 70 strike out the paraeranb
81 ih4 bottom ~ page a and insert as a part
q Section I6 the following.
That al orders ~ The r,-ar7fezio,. o,.o-. -.
E-f' I'f l7e UaFr0@-l 90 money shall take af
,-e-s,.-s p" reasonable time as shall be
80. 80 e '.- "-ifElesion. and shall con
"p years as snail h- prescribed in The order n
.'57l'ii, unless sooner set aside by the
commission or suspended OF sol sid =, a e,,ft
brought against ~. ,or5rejssig,. n, r. -
ylT NJ fha United States sitting as a co,1rt
-rs..+l-. .i.. -'- AiA'Eint wherein any carrier
tsl,'iH I'D said -uit has it's princfpaI oneratipr,
~, 9l.a jurisdiction is hereby conferred on
~ -i' courts ~ The United States TO hear
49, -.--..@ l' aH} such spI whether the
of the c,.-tr@is %. ~ as beyond the authority
- ,t. -i''" --7i''" 0r ~ ~.olstion Of the rights
ii- carrier secured b1 the Constitution. -
discussion Of taa amendment continued for
.'o1 or l're. II was carefully analyzed 10
liner under is terms an order Of
covering rate could be delayed
otbsr ~ ~, Attorney General Moody ana
~ a. pointed ont that the discretion
M permission is absolute without sDecif-
lcs,'y declaring against restraining orders il
- ,1'FfmelE doubtful whether court
IN fbe r.l ll. lo interfere win order except
y aen ne Pre- ent ask j whether an amend
~ 'ilat ci 1acteT s'oud be adopted by
tie S-'afr the -.enaiors present said they
&, tn3ug' Ei.0y -0Uid promise t5tertv-ntne Renub-
~ IN res lr g. ana thstt there was little doubt
- .'~iiz the entire minority would sup
agreed that the amendment should he
~ as soon as possible. Senator Long had
- I9le" tnai ne would address the Senate
- MONDAY and therefore he was chosen 10 offer
lh@ amendment and speak upon il He will
saN mat the amendment meets the demands OF
nose Hho have opposed the bending hill on the
Sround that without provision for judicial re-
e" the measure is unconstitutional and that
= sa1sfact"fy n the real friends Of the bill.
p'ilefs VINO participated IN the conference have
Iledged themselves to support the ameudment
icy neiieLe ma Il il is shown that there is a