The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-05-15

would not, as that provision would pc
easily separable from the remainder OF
the law
Realizing the advice which I had
the honor to offer you, that you should
not at any stage become finally COM
mitted beyond recall to any form of
language in any. part Of the bill and at
f1rming your belief in the wisdom OF
that course, you then said that a pro-
vision limiting the court review to the
authority of the commission and the
constitutionality of its acts and pro-
vision limiting the issuance OF inter
constitutionally possible, would be ac-
ceptabie to you, provided 1t was decid-
ed not to try to pass the Hepburn Dali
substantially unchanged, and you ask
ed me to meet the gentlemen named III
conference.
A Two Hours Conference.
1.-THE conference was arranged by Mr..
Chandler and occurred A~ril 10. It was
full and free. It would be impossible
to state all that was said in a con-
ference of two hours, but think no
false color is given to the conference
by the following statement:
Il 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 it should be
fore named; that in such case the So
called Long amendment was acceptable
to you: that you would be glad to see
a rigid limitation on the issuance of in
terlocutory injunction if such limita-
/ lions were possible; and I stated fur
ther that I would not assume to agree
to any form of language whatever for
you, but would submit any proposed
amendment to you for your considera-
ton I also stated my doubt whether
in any event 1t would be possible to
enact a provision entirely forbidding
interlocutory injunctions.
IT found myself in entire accord with
Senator Bailey as to the rules of con-
stitutional law applicable to the situa-
ton. with the exception of those relat-
ing to the power of congress to forbid
ali inter1ocutory injunctions. upon
| which did not offer any final opinion
only saying that Mr.. Bafley's argument
needed an answer. An attempt was
then made to adopt phraseology which
/ would affect the intention Of the two
senator's.
Put It in Writing.
''I made some notes upon this branch
of the subject and at the close of the
interview said to Senator Bailey that.
would put my understanding of their
views upon the question OF phraseology
/ in writing send It to him and, If it met
with his approval, submit it to you. This
I did and the next day sent the annex
ed memorandum to Mr.. Bailey, inclosed
in a letter which read as follows:
"April 16. 1906.=My Dear Senator:
This rough draft Is as unoefssaIi $, =
your suggestions of yesterday. think
/ If quite likely that this draft might be
bettered, but I simply send It TO see II
I understand you. Very truly yours w
H. Moody" 49,.
"The draft referred to is the one
printed in last Saturdays record.
THE conference among the Demo-
4 cratic members of the senate then oc-
Cured. the press reports of which IN
dfcated that there was an entire agree
rnent among them. Mr.. Tulman. how
ever. called to assure me that the pros
meets of an agreement among q large
/ n,1rnberI of the Democratic senators was
81 heard nothing further from Sena-
tor Bailey until a later date IN
formed you of what occurred at the
I Interview between the two senators
and me and you told me that you had
been informed from various Demo-
cratic sources that an agreement
among the Democrats upon any
amendment would be impossible
Bailey Assured Moody.
1.-THE two senators called upon me
again on the 23rd or Path Of April There
/ vas some further talk about the form
Of the amendment. The suggestion was
made that it might be possible after
voting upon the provision forbidding all
/ interlocutory injunctions, to agree upon
an amendment Wnlch shoulu lncluoe the
/ Long amendment and what has been
| known as the Overman amendment.
II then said that in my opinion any
amendment drawn by anyone repre-
senting the executive branch of the gov
eminent, even though were 1t inspired
/ from heaven. would not be accepted
without change in the senate; that that
attitude was natural and proper and
4 that If the exact language of any
amendment which could be adopted
| should be agreed upon. 1t ought TO be
drawn by the senators themselves. ]