New-York tribune., 1906-04-03
RATE BILL AMENDMENT
AGREEMENT PROBABLE.
Moody Court ReIieso Feature Not
Likely To BE adopted.
TFrom The Tribune Bur-aul

TFrom The Tribune Bureaul
washington. April 2-Disposition 10 resent the
conference held at the White House on Satur-
sav al which an amendment TO the Hepburn
rate bin was discussed and approved by the
president and Senators Cullom Clapp Dolliver
and Allison, gave place to-day to a brighter
,te,r of the situation. The Senators named have
.rono the first opposed the idea that the Hep
harm bin required any amendment and they are
known 10 have had some following in the SEN
e,e II is estimated that sixteen Republican
senator's held this view. Saturdays conference
demonstrated. however. that the leaders OF this
fac+ion have been made 10 realize that some
amendment is essential, and 1t is believed that
having come TO appreciate this fact it Will prove
s. comparatively short step 10 point where all.
cr practically ALL Republican Senators can agree
op an amendment which viii command the sup
mort Of a large majority Of the Democrats in the
upper house
The amendment agreed on at the White House
conference on Saturday is declared by the SEN
ate leaders TO have been drawn and submitted
10 them by Attorney General Moody several
weeks ago. but to have been promptly re-
iected as unconstitutional in that # attempted
% restrict the judicial power. in violation of Sec
1ion Of Article 3 Of the Constitution. which pro
vides that:
The judicial power shall extend 10 all cases
in law and equity arising under the Constitution
and laws Of the United States.
This view. which is held by Senator Knox and
practically ali the eminent lawyers in the Sen
ate. viii doubtless preclude the adoption of the
Moody amendment. but the mere fact that the
most ardent opponents OF any amendment have
,slIs publicly admitted that some amendment is
essential is regarded as an important step in the
night direction
senator Long. Of Kansas introduced the
l.. 4 4l.,-
De would address the Senate tomorrow. when
he VIII attempt 10 refute the arguments OF Sen
ators Spooner and Knox Sentiment on the
Democratic side Of the chamber seems strong
1v SCI agains; this amendment as it is on the
Renublicsu side. and II would surprise no one
n the amendment finally adopted, embodying all
The conservative Republicans have stood for. ana
drafted along the lines OF the Knox and spooner
amendments were 10 be introduced by Dem
oc~at and 10 receive me almost unanimous
support OF the Senate It is maintained with
coneidera ble show Of reason that the SATURDAY
conference and the approval of the Moody
amendment were rendered necessary by the 1act
thar even Of the Republican Senators who have
hitherto followed the lead Of Messrs- Doniver
and Clamp p considerably number had become so
4sr convinced by the speeches Cf Senators Knox
sn6 Spooncr that they were unwilling longer 10
stand out for the Hepburn bill without some
provision for judicial review Of he findings OF
the Interstate Commerce Commission.
II is q notable feature of the rate discussion
shat as il proceeds party lines are being obliter-
sted and that there is a growing disposition 10
ret 1ogether on a measure which shall prove
bo-b ADEQUATE and constitutional. that II now
seems probable that when the final vote comes
there will be no division on partisan lines
The principal speech to-day was made by Mr..
Fulton. Of oregon The principal point he de-
sired 10 make was that il is not necessary TO
The validity OF the bin that II contain specific
provision for court review
Mr. Fulton was interrupted frequently by Sen
ators on both sides of the chamber. and the dis
cussion amounted 10 a general debate on prac-
ticaIly all the constitutional questions involved
IN the bin.
Mr.. Hepburn made The point that in the court
review controversy the right Of the shipper 10 go
into court was not given.
Ny Nelson followed with an argument TO
show that the omission Of provision for review
would not render the proposed law unconstitu-
roaaI- He replied especially 10 Mr.. Knox, and
said that even without explicit authority for re-
view there We're three methods by which an ap-
peal from decision Of the commission may be
taken. This authority is given under the Judi
ciary act Of 1857. ne said, and IL may also be
exercised under the constitutional right 10 take
ILe question 10 the courts IN case an ulreaSOf-
able raJe Is fixed In the third place the bill
itself implies such appeal.
Dir. Bacon read a proposed amendment which
would prohibit Tho setting aside or suspension
a. q rate fixed by the commission by an inter
lorutory or preliminary decree OF d court unless
after hearing wherein the order or a commits
sion is considered and concurreC in and ordered
by a. least TWO judges presiding such hear
lug- al least one Of whom shall be q Judge of the
Circuit Court Of the United States or a Circuit
Justice of the Supreme Court of the United
States. Whenever a rate is set aside by an in
teIlocutOry decree the amendment requires the
carrier 10 deposit in the registry OF the court
and subject 10 the order thereof, the sum OF
$4,000 II requires alsc the payment TO the
court OF such sums OF money collected
10y the carrier In eNce@s ~ the rate fixed by the
commission. and the fling OF a statement OF the
names Of persons by whom such sums We're paid.
IT, on final decree, the commissions rate is
judged valid the SUNS TO he paid TO ship
pers from whom the excess has been collected.
II held 10 be invalid the sums impounded are TO
be paid 10 the carriers.