The independent. [volume] (Lincoln, Neb.) 1902-1907, 1906-05-17

termine the phraSeOl0gy and discuss
the effect of amendments proposed by
them. To all wnom | saw 1 stated
that the Hepburn bill was in It's es-
sence entirely satisfactory to me. The
Hepburn bill as it passed the house
simply recognized the right of re-
view by the courts-that is, the jur-
isdiction of the courts, but did not
attempt to define it, thus leaving the
courts to prescribe the limits Of their
own jurisdiction.
''This was in accordance with the
ideas of the attorney general, his be-
lief being that thereby we avoided all
danger of the bill being declared UNI
constitutional because of an attempt
to confer too much or too little jur-
isdiction on the courts.
81 also repeatedly stated that while
it was entirely satisfactory to me SIM
ply to leave the Hepburn bill in sub
stance as it was; that is, with the
recognition of the. jurisdiction of the
courts, but without any attempt to
define that jurisdiction, yet that |
was entirely willing that there should
be a definition, provided that this
definition did not seek to grant a
broad review, but explicitly narrowed
it to the two subjects, which, as a
matter of fact, / believed that the
courts alone would consider in case
there was no attempt to define the
limits of their review; that it would
limit it to the question as TO whether
the commission had acted ultra wires,
and as to whether any mans right
had been impaired. / stated that if
the question of defining or limiting
the review was brought up at all l
personally felt that this was the way
in which it should be limited or de-
fined
cat different times at least score
Of tentative amendments were either
prepared by the attorney general at
the request of senators or submitted
to me by senators. AS to many OF
those amendments Gncluding among
others the substance of the SO called
Long, Overman, Bacon and Spooner
amendments) I stated that I should
be entirely satisfied to have them in
the bill; as to others | suggested
notifications which would make them
satisfactory.
"To none did I ever say, either to
Mr.. Chandler or anyone else, that
should insist upon having them in the
bill as condition of my approving
it. On the contrary. was always
most careful to state that was not
trying to dictate any particular pro-
gram of action. In no case, either
in the case of Mr.. Chandler or in the
case of anyone else, was there the
slightest opportunity for any honest
misconception of my attitude or any
belief that l had pledged myself spe
officially to one and only one amend
ment or set of amendments, or that
would not be satisfied with any
amendment which preserved the es
sential feature of the Hepburn bill
as it came from the house. You will
doubtless recall that in the course Of
the several visits that you personally
made me we discussed a number Of
these proposed amendments, trying tC
find out for which one there could be
obtained a sufficient body OF assent
to secure its passage, and the pass
age of the rate bill.
ssTo almost every amendment pro
posed by anyone found that there
were other excellent men who object
ed or who at least wished to cnange
it. and I finally became convinced
that it was impossible for senators
with advantage to use me as the In
termediary in coming to an agreement
with their colleagues, especially wher
they only communicated with me