New-York tribune., 1906-05-06
THE ALLJsOy ANgyDNEyT.

The so-called Allison amendment to the Hep
burn BILL which Washington dispatches tell US
viii be accepted by both the broad review and
narrow review factions in the Senate as a
satisfactory solution Of the court review prob
lem, is already being interpreted as q victory
for both groups Of Senators. Possibly this Is
one OF the merits Of the cOmpromise-that it
leaves each side some pretext for claiming that
it has carried its point But as we view II, a
good deal of legal subtlety is required TO read
into the language Of the amendment any ma
terial concession to the demand made BY the
Hepburn bills critics that the circuit courts
OF the United States be turned into interstate
commerce commissions of superior class, The
Hepburn bill provided that q rate fixed by the
commission should remain In force for a certain
period unless suspended or annulled by the
courts. 1t was left for the plaintiff in a suit
20 decide on what grounds he should attack the
commissions action, though the inference was
that he could allege only that the commission
had made cOnhscatory rate or had otherwise
exceeded its lawful powers. The court would
be compelled in the last resort TO define both its
own jurisdiction and the appellants rights
The theory OF the advocates OF broad review
has been, apparently, that the courts should be
invested with authority 10 supervise the work OF
the Interstate Commerce Commission correct
ing, il need be- its mistakes in Judgment in
dealing with rate problems, as we'll as its
usurpations OF power and invaslons of consti-
tudonal guarantees The courts were TO revise
and edit the DEGREES OF what was practically
minor examining board without limitations on
their right Of inquiry or power Of reversal. This
view is hardly sustained by the provisions OF the
Allison amendment. which reads as follows:
The venue OF suits brought in any Of the c,r-
cult courts or the United States against the IN
Isa osLsC@Us commerce Commission to enjoin, set
ASIDE, annul or suspend any order or reouire-
naenE or the commission shall be in the district
Wnere the carrier against whom such order or
requirement may have been made has its prin-
cpal operating office, and Jurisdiction 10 hear
and determine such suit is hereby vested in such
courts
On the contrary, no new grounds other than
constitutional grounds seem to be established
tor bringing suits TO annul the commissions
findings. The bringing of suits was plainly con.
templated By the Hepburn bin. The Allison
amendment appears simply 70 define more clearly
the venue OF suits SO brought and make exDl,cit
the power, which the court already possessed 20
consider them. IL remains for the c-Durf-as
under the Hepburn blll-tO pass on the regu.
larlty and validity Of the complaints presented
and 20 say whether or not the plaintiff has a
real cause OF action. Any other interpretstioD
OF the language Of the Allison amendment seems
% be based on the idea that it does coyertlv
what it does not pretend 90 do openly. Yet we
b do not think that any advocate OF the broad
review theory would wish to see Il made oper.
ative through a mere verbal trick.
The acceptance of ths Allison amendment Will
nrobeb2 set mary people 10 woadsrtns what ths