Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-02-10
TALK Of COMP PROMISE
Rumors as to Agreements on
Railway Rate Bill.
THE HEARING IS RESUMED
Chairman Knapp Before the Senate
Committee.
TRYING TO DEFINE A WORD
Considering the Meaning Of "Trans-
portation''-Providing for Re-
view by tho Courts.
THE HEARING is RESUMED
TRYING TO DEFINE A WORD

L
the Senate committee on interstate COM
| merce today resumed consideration of rail-
| road-rate bills under the agreement to meet
DAILY until February 18, when q vote win
be taken. The rupture in the committee
yesterday. causing Senator Clapp to with
| draw and Senators Dolliver and Aldrich to
! indulge In a heated controversy over the
| character of the amendments offered. was
smoothed over temporarily. at least. Sena-
| tor Clapp. however. was absent, and all the
! members involved participated in the dis
| cussions today.
The session of the committee continued
| until 9:30 PM, when an adjournment was
| taken until Monday. The discussion was
| confined to section l and principally to the
definition OF the word transportation
Chairman Knapp of the interstate COM
merce commission was before the commit
| tee to explain his understanding of the
word. He took the position that 1t was
not ambiguous as had been claimed. as
applied to common carriers, and that 1t
did not include Pullman cars and express
lines. No agreement was reached. num-
Der of the senator's. taking the position
that 1t might include automobiles or other
means of transportation not now Intended
| to be regulated by the bill.
Review by the Courts.
The consideration of the bill yesterday
was confined to section 1. which Is not
the rate-making section. Advocates Of the
| bill insist that the provisions over which
the real differences arise shall be taken up
seriously.
This fnsistence had reference to the con-
troversy of yesterday when Senator DOLL
yer took the committee to task for it's lev
ity in considering railroad rate legislation.
The chief variance concerns the court fea-
lures and involves the right of the rail-
roads TO have the rates. fixed nv the COM
| mission reviewed by the courts before they
become opera tive.
Certain opponents of the House bill, who
have been contendng for a specific recogni-
ton of that right, have suggested another,
and concededly more moderate amend
ment. This provides that the courts may
the commission. which would amount to a
test proceeding and have a bearing ON
all subsequent orders Of the commission.
In effect this would mean that after the
constitutionaIity Of the powers given the
commission had been determined by the
highest court nothing would stand In the
way of the execution Of further orders is
sued by the commission in accordance with
this construction. The railroads, of course,
would have the right of any Itigant to con-
test orders which they believed to be un-
just, but this would not obstTuct the con-
tnuance of the orders on any ground ex-
cept their lawfulness. Courts would review
the reasonableness of rates in the manner
permitted by the House bill.
Dissemination Of Constitutionality.
How acceptable this proposed amendment
will be to the majority Of the opponents
of the bill has not been ascertained, but
Senator Aldrich is said to favor 1t.
1t is compromise only in that 1t pro-
vides for the determination of the consti-
nationality Of the bill before its provisions
are enforced 1t lie believed generally that
If adopted 1t would result in the greatest
legal contest in the history of the courts.
Some senators not on the committee re-
gard the proposed compromise as decidedly
radical rather than moderate They con-
tend that it would subject the law to de-
feat in the courts.
The danger of having the legislation de-
| pend on test case necessarily invoking
at most only an integral part Of the ques-
ton Is looked upon by them with suspicion
Hopeful Feeling at the Capitol.
There was much hopeful talk today at
| the Capitol in relation to the prospect of
prompt solution Of the problems embraced
IL the railroad rate bill. 1t Is declared by
| people who claim to know the facts Of the
case that in their eagerness to force a
compliance with the Hepburn bill by the
Senate the Presidents position in the mat
ter has not been stated In way that the
President himself is willing to approve
The declaration has been made time and
time again that II the Senate insists upon
the insertion in the bill of provision for
an appeal to the courts from the decisions
of the interstate commerce commission as
| has been advocated by a majority of the
republicans on the committee on Interstate
commerce In the Senate, the President
would decline to approve it and would call
an extra session of Congress to pass an
| other bill in conformity with his views
This Is now said to have been an over
statement of the facts, as 1t Is said the
President has not only denied that that
was his position but has stated that he
would not object to provision in the bill
to the courts, this provision to be placed in
the bill. 1t is stated that the President
has recently stated that this attitude to-
ward this legislation, as explained by
member Of the Senate committee on inter
state commerce, did not conform to the
views he has expressed.
Interest in Presidents Attitude.
The utmost interest was shown in the
notification of this statement by senators
today because If 1t proves to be correct it
Is said an early end Of the controversy over
the rate bill can be reached. The one point
Of difference Of Importance over which
there has been controversy has been the
insertion of a provision of the kind indi-
Gated. There has been determination on
the part Of large majority Of the repub-
Hcan senators to stand out for such q pro-
vision and discussion has only strengthened
that determination.
On the part Of many senators who sup
port the OIL, PidcucdAJ III tHc ioEul AZ
which It has passed the House, the fnftu-
ence that controls them Is the firm belief
that such an appeal to the courts could be
had without any specific provision to that
effect. Senator Knox took that ground in
his Pittsburg speech and he has since de-
clared that to be his view. Other senator's
have come to the same conclusion, and yet
many who express their belief to that eff
feet admit that there Is a Reasonable ground
for a difference of opinion.
AS this difference of opinion does exist
among some of the best lawyers in the SEN
ate many senators insist that the doubt
should be disposed of by a provision In the
bin giving the right OF appeal that Senator
Knox and others say already tnheres to 1t.
Much Suffering Sequel to Fire.
WHEELING w. Va, February 1O.-Reports