The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-02-15
RAILROAD NEWS.
Rate Act Is Halted Through
Obstacle in Senate.
Dispute in Committee Over Re-
view Clause of Bill.
STAND SIX AND SIX.
CullOm Could Break Tie But
Stays Away.
Gossip and Matters of Interest
in Railroad Circles.
STAND SIX AND SIX.

Washington. Feb. 15.-Legislation
to provide for the regulation of rail-
road rates now seems to hinge entirely
on the question OF a specific provision
for judicial review of a commission or
der as to the reasonablenes as wen
as lawfulness of fixed rate. and the
war between the contending factions is
becoming extremely bitter Recent de-
velcpments have accentuated the diff
ferences between the opposing forces
to such an extent that the outcome is
a matter of mere speculation
For the time being it is not the at
titude of the administration that forms
barrier to the speedy disentanglemen
of the issues involved in the construc-
ton Of rate regulation measure. The
president is not set for or against
amendment to the Hepburn bill While
recognizing the right of review by the
courts. he is open to conviction as to the
means of procedure connected there
with-whether the constitutional guar
antee and provision embodied in the
Dill passed by the house will suffice
or whether 1t will be essential to insert
an amendment specifying the manner
of appeal and review.
The immediate trouble is in the SEN
ate committee on interstate commerce
bit further removed is a sTnOldering
nre of diScord in the senate as a whole
and beyond that looms the grim deter
mlnatiOn Of house leaders to reject the
specific resolution for review which they
peremptorily refused to incorporate in
the Hepburn measure when they had it
! under consideration.
me situation seems critical, where
as a few days ago the spirit of har-
mony seemed to be lowering over the
whole Of congress, with the likelihood
of early contamination of the univer-
sal demand for action along the lines
recommended by the president in his
annual message. The tact influence
and luck of President Roosevelt NAV in
the end be the means of Strengthening
cut all the difficulties. but it must be
confessed that the recent promises that
we're so hopeful have received a sudden
jolt. It may be temporary only.
The senate committee on interstate
commerce is bitterly divided on the
! overtopping question Deliver and
Clapp, Republicans, and Tillmap. Car
mack Foster and Newlands Demo-
Gratis, will vote to bring the Hepburn
bill out of committee practically as 1t
came from the house. Chairman FL
kins. Aldrich. Kean, Foraker and
Crane, Republica rs. and McLaurin.
Democrat. will insist On the amend-
ment providing for a review by the
courts. That leaves the committee six
to six
Senator Cullom. the other member of
the committee, remains in Florida. but
a long letter from him was received re
Gently by Senator Dolliver. In this let
ter Mr.. CullOm declares that the pro-
posed review amendment will have the
certain effect of destroying the life of
the rate regulating measure and leave
matters exactly as they are under the
existing law. Mr. Cullom VIII not be
here Friday, the time set for the COM
mittee to vote on the question of re-
porting bill. It would make all the
difference in the world, as far as the
committees action is concerned, If he
were present.
Senator Carmack. who has been alb
sent from Washington. has promised to
return before Friday in order to vote,
as there had been a refusal to make
Dairs with absent members. Carma ck's
interest may serve at least to make
tie.
It is probable that the Republican
members of the committee who are de-
terufned to force an amendment pro-
viding for review will press their point
They have settled upon the phraseology
I of the proposed provision. which in all
likelihood VIII be patterned on the SINH
/ lar provision in the Esch-Townsend
measure that passed the lower house IN
| the last congress.
/ The Observation-Disclosures If valid
which is argued against an amendment
/ ,,oyri5insz for appeal and review, is that
I once the courts are vested with the
I sDecfffc power to pass on the reasonaple-
/ ness of a rate the way Is open Tor IN
/ fa7rnf77al ble LITIGATION, which would mean
! that complaint against an UNJUST rale
4 never would be settled, thereby destroy
/ ing every intent and purpose OF the ac1
- 7Ies other side to the controversy.
! through Senator Elkins, declares the
great objection to the Hepburn bill TO
be the provision giving the commission
mower f'in its Judgment to TX a rate
The use Of these quoted words Il IS
i contended, delegates a species OF is9ls-
/ laffve authority that renders any klnd
Of review by the courts unconstitu-
| tfona1 except that based solely on the
ground Of confiscation.
| While the coterie Of senators gen
eYallv understood to be opposed to rate
REGULATION in the abstract are endeav-
oriug by some contrivance to tashlon
a., amendment to the house bill which
thew will support, there is developing
a hostility to the Hepburn measure
among those classed as the earnest
/ friends of regulating legislation. It Is
understood that senator Lar oliette
whose national reputation rests largely
upon his successful battles with the
railroad corporations WINE ne occu-
pfed the governors chair in Wisconsin
will antagonize the Hepburn bill-oT
at least demand many strengthening
provisions.
Senator LaFollette is violently op-
nOsed to the proposed review amend
nent and naturally would oppose q
measure coming from committee with
that feature annexed. But he is I'M
derstood also to regard the whole
fq1ea sure as weak, although It may
+ please the interstate commerce com
mission. simply because some matters
Of administration that heretofore have
hammered the commission and inter
fered with its supposed prerogatives
lare more firmly established.
HALF OF NEW LINE BUILT.