The Bon Homme County independent. [volume] (Tabor, S.D.) 1904-1913, 1906-04-05
limited REVIEW BY
COURT AGREED To
President and His Advisers
Announce Maximum OF
Concessions.
TO FIX LINE or CLEAVAGE

s.,,,ors Will Now Show by Their Vote
an This Amendment Whether They
Faver Any Railroad Resu.
iation or Not.
Washington. II. c.. April 4.--Conced-
,,s A court review clause, President
pooscyelt has had one drawn In line
attn his view and has made u clear
that no further concession In that par
,lculnr line will be made In regard To
railroad rate regulation.
m II now n question In the sesA,e
NJ announcing To the whole country
v,hether the members are for or against
pooscvelt and his railroad rate policy.
"a bs determined BY the vote OH the
amendment. IL was drawn by Attor-
ney General Moody and Endorsed Sat
urday AZ n White House conference by
The president, Senators Allison, DOLL
yer. Long and Commissioners Prouty
and Knapp. OF the Interstate Commerce
CON mission.
Tho Amendment.
The court review amendment which
vas today introduced by Senator Long.
az Kansas. ~ as follows:
That the orders OF the commits
don. except orders for the payment
OF money shah take effect within
such reasonable time az shall be
prc~c rihcd by the commission and
shall continue for such period Of
time not exceeding two years. a.
shRll bc prescribed In the order OF
tho commission. unless sooner Hct
aside By the commission or sus-
Pended or set aside by th, order or
deere. OF tho circuit court OF the
United States IN suit maintained
against the commission as defend
ART Ivy any carrier against whom
the order may be directed.
rho court In such proceedings
Nhali have Jurisdiction TO Inquire
whether the order OF the commission
Vas within its authority TO make
and whether u does or would opcr-
ate to take away from the carrier
any right secured nv the conEtitu-
lion OF the United States, and tn"
court IL given Jurisdiction 10 make -
decree affirming or vacating such
order
With ,hc right ot review taken as
the uDaucstioncd line OF cleavage In
the senate. IL was deemed best by the
Conference TO divorce this from all 9TH
rr questions and To- submit Ia the SEN
ate a plain. easily understood amend
mcnt which would represent the max
mum concession the president was
willing To- make and around which the
friends of the bill could consistently
and pvrslstently rally.
Settle This Point First.
Il was decided. Therefore. not TO
press the whole Cowcn amendment at
this time for fear OF divcrting attention
and losing votes on account of possible
differences of opinion over minor sec
lions not essential 20 the court review
theory.
Oi course. the other features Of the
administration program will follow
nom time To time. but Il Is desired that
this amendment should be adopted or
defeated before any attempt Is made
70 agree on other sections of the pro-
pused railway measure.
The Long amendment. IL viii be- OBJ
tcgN ed. does not go into the
question OF interlocutory orders nor
EtDmpi to define the duration of sus-
p'uding rate fixed by the commission.
These other features will be- embodied
N separat" amendments. Until the
bare question OF the right OF review
b. the court is settled by the senate
Il would be- i'd. To- attempt To define
The authority OF intcrlocutory orders
and temporary injuuctions. Besides
that much of the Value 81 u temporary
irluuCtion and the method 81 its APP
phcdliun u dependent upon the gcu-
'ral rules Of practice of the United
States court. and II Is believed that In
applying them the court will ncc"ssaT-
ny be- guided by the letter and the
spirit Of the law II Is Interpreting.
Terms OF Long Amendment.
Under the terms of the Long amend
fncnt several important things are
comprehended IN spite OF its brevity.
The president has been for some time
convinced, for instance. that II was
ihwise To fix specific time within
Which the order OF the commission shall
81 into effect
Railroad men and others pointed out
IN some cases u would be wise To make
lhr order effective almost at once and
IN other cases tn give All extremely
ong time for preparation. The Long
amendment leaves II within the discre-
uon or the commission ns to when It's
~ders shall become effective.
| Furthermore, the commission IL given
authority TO fiN the limit OF the opera
ION OF that rate nj any time within two
lears. 40 TINT IL viii be- able To make
temporary rates To meet particular
emergencies.
In the district court review section OF
'he Long amendment u r. intended tn
1--WE To the courts specific authority To
review the action OF the commission.
| not - To whether the rate question was
reasonable or unreaSoua bic. ar whether
would pay dividends ON watcred
stock. but merely whether the commits
s'on had acted within it, constitutional
authority or whether the rate. N put
INTO effect. would tend to coniiECatc the
pforerty of the railroads aud thus VOL
als the familiar prohibition of the con-
sltution OF the United States against
,aking property without due process of
law.
Court Jurisdiction Limited.
There is In the Long amendment also
distinct recognition OF the rights OF
Tue clrcuti court To suspend AN order
~ the commission fixing rate. The
Jurisdiction OF the court being limited
y effect to the constitutional question.
however. no circuit judge would sus-
pend an order unless there was a prima
'aci" case presented to him so strong
- 10 raise the presumption that the
,ai" was confiscatory and shoald be
'"inporarily set aside on that account.
Ahd on that account only.
one Of the most singular things III
o" light over the railway rate bill In
De- senate has been that none 81 the
prominent opponents of the presidents
policy has yet succeeded In formulat-
'hg declaration on which any re-
'p"ctablc number 81 them could agree
nm nnaatn rrn