The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-02-08
GIVING ADVICE.
Root, Taft and Shaw Tell R0ose-
velt What to DO.
Urge Him to Let the Rate Bill
Be Amended.
NO SIGN OF WEAKNESS.
The President Is Standing Firm
on Hepburn Measure.
If Beaten He Will Call an Extra
Session.

Washington, Feb. S.-Secretaries
Root, Taft and Shaw have advised the
president that, in their opinions, it
would be wise for him to consent to
an amendment to the proposed rail-
road rate bill which would provide for
the suspension of the findings of the
Interstate commerce commission as to
a rate until after it had been submit
ted to the federal courts If such sub
mission was desired by the defendant
road Mr.. Knox, former attorney gen
eral and now senator from Pennsyl-
vania; Mr.. w Murray Crane, senator
from Massa chusetts, and man in
whom the president has utmost conf
dence, have advised him along similar
lines, as has Senator Lodge of the
same state, who has long been the per-
sonal friend of the president.
Thus far the president has resisted
the opportunities of these friends, and
there are signs that he viii continue
to resist them. It is because of this
advice from men so high in the admin
istration circles that the repeated
statements have been made that Presi-
dent Roosevelt is considering com
promise in connection with the admin
istration railroad rate regulation pro-
gramme.
RooseveIts View of the Matter.
The view taken by the president is
that no final action oppressive or un-
just can be taken by a commission
against a person or corporation which
is not renewable by the courts Of the
country. He contends that this IS
guaranteed by the constitution, and
nothing can be gained by making
specific provision in the bill in this
connection. He believes that any such
provision would but add to the delays
and vexations which shippers have
met with in the past in seeking relief
from oppressive conditions maintained
by the railroads. Delay, long drawn
out and expensive litigation for the
shipper, is just what the president
wants legislation to get away from.
He believes that if such an amend
ment is accepted It viii great tly in5Hfe
the effectiveness of the rate regula-
ton measure. He has so told his cab
/ met officers and senatorial advisers.
and has made it very plain that he is
in no frame of mind to yield.
Has Strong Support.
On the other hand, the president is
not without strong Republican sup
porters in his position. Senator Dol
liver, who is the champion of
straight-Out DOlliver-H Hepburn bill, is
warning the president against the ad-
vice of the men who want him to
agree to a suspension of the rate
amendment. Senator La Toilette. the
pioneer in rate regulation, has let it
be known that he will not only oppose
such an amendment, but will vote
against a bill containing a provision of
this kind.
The president has been asked whether
he would veto a bill containing the OBJ
jectionable amendment. He renlied that
he did not regard this as a fair ques-
tiOn, because anything he might say on
this point would be capable of so many
different interpretations apparently
meaning that the senate would resent It
as a threat However, it may be stated
on the best authOrit-- that the president
would not hesitate to call an extra ses-
sion of congress to enact a rate law,
provided the present legislation should
be beaten through underhand devices of
| delay.
Right of Appeal Inherent.
The presidents mind is stiu open on
the question of the desirability of
amending the bill by specifying the right
of the railroads to carry special cases
from the commission to the, courts for
review He holds. with Attorney Cen
eral Moody and other able lawyers
whom he has consulted, that the right
/ of appeal to the courts from the onera-
ton of law inheres in all statutes,
and that therefore, there is no use to
nut this provision in the proposed enact
ment empowering the interstate COM
merce commission to determine what is
/ a reasonable and just rate, its ruling
fo 90 into force Immediately or within
stated time TO be fixed by the COM
mission. The mere fact that the rail-
road Influences are also eager and
/ eIauorous to have a provision of this
+ hind inserted in the law seems to be
enpendering the suspicion in the presi-
/ dert's mind that the real purpose of
such a clause would be to weaken or
/ even nullify the law.
/ At this time it is impossible to tell
who win win the division between the
president ard some of his chief cabinet
4 and senatorial advisers.