Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1906-05-17
The Hepburn Bill.


ators Baily and Tillman for. (as they
alleged). agreeing in advance to the Al
lison amendment and proviso to the
Hepburn bill, both were adopted.
They read as follows:
THE venue of suits brought in and of
the Circuit Courts of the United States
to enioin, set aside, annul or suspend
any order or requirement of the com
mission. shall be in the district where
the carrier against " HON such order or
requirement may have been made has
its principal operating Office, and may
be brought at any time after such order
is promulgated; and if the order or re-
auirement has been made against two
or more carriers, then in the district
where any one of said carriers has its
principal operating Office: and if the
carrier has its principal operating office
in the District of Columbia, then the
venue shall be in the district where said
carrier has its principal Office, and Juris-
diction to hear and determine such
suits is hereby vested in such courts.
Provided. That no injunction, inter
locutory order or decree suspending or
restraining the enforcement OF an order
of the commission shall be granted eN-
cept on hearing after not less than hvS
DAYS notice TO the commission An sn-
peal NAV be taken from any interlocut-
ory order or decree granting or cont3nC-
ing an Injunction in any suit. but Shaal
| lie only with the Supreme Court OF the
United States: provided further, that
the appeal must be taken within 50 days
Of the entry OF such order OF decree and
it shall take precedence II the Appellate
Court over all other causes, except
causes of ike character and criminal
causes
The original Hepburn bill allowed q
appeal to the courts only from tie
penalties imposed by the Commission
the rate fixed by il 10 stand-but this
amendment, puts the rate itself IN the
hands Of the {. S Courts, and apparent
" makes a burlesque Of the whole
business
During the debate Senator Baily spoke
very bitterly of the Presidents sur
render to the railroad interests and
spoke of him as being very common
clay"; and Senator Tillman raised a
question Of veracity between the PreSi-
dent and Senator Chandler
.TiJInan's account of messages ex-
changed through ex-senator Chandler
between himself and the President, de-
claring a substantial agreement on the
proper provision with reference TO q
court review, might be open 10 criticism
as testimony solely on what one man
said to him that a third man said B7t
it il reinforced by the account OF per
soual interview with Attorney General
Moody. who was certainly qualified 10
express the Administration view, and
by memorandum from the Attorney
General, stating the points agreed upon,
namely, judicial review as 10 whether
the Interstate Commerce Commission
had exceeded its legal authority, and as
to whether any constitutional rights
were infringed.
Thus the Senate establishes that up
to late date there was practical unison
on this principle between the Admins
tration and the limited review Senators;
that the change of front at the White
House was made without notice to the
Senators with whom the previous un-
derstanding had been effected, and that
even Attorney General Moody did not
know of it until it was publicly an
nounced Senator Tillman disclosed
the whole story of the agreement for
the measure which he favored, and
there is nothing discreditable about 1T.
1t remains to be told what influences
were exerted to induce the President to
abandon the position certified to by his
Attorney General
One attendant feature of this state
ment is highly suggestive. The report
tells of the glee with which the Senate
received the statement and the una
nimity with which Tillman's time was
extended to enable HIM to complete 1T.
1t is impossible TO ignore the inference
that the majority welcomed with JOY
the spectacle of the President being dis
played in false position. He was mis-
led into that position by the maneuvers
of the Senators themselves. but their
happiness over his exposure is not Jot
by their responsibility for it.
This is a peculiar disclosure Of what
was suspected before, viz, that the ele-
ment to which the President surrender
ed is glad to see him discredited. while
that which he seems to have deserted
was the one really in sympathy with
his honest purposes.
1t may be that the President was in
duced to believe that the bill would be
declared unconstitutional by the U. 5.
Supreme Court. unless court review
of it's decisions were allowed of; and it
may be that he was induced to look at
the matter from a partisan standpoint
and agree to an amendment that all or
nearly all the Republican Senators
would vote for. but on the cace OF it, it
looks like a backdown, surrender to
the railroad and other corporate IN
terests.
The bill as amended will probably
pass the Senate, this week, and then go
back to the House; and il it becomes a
law all hope Of an effective interstate
rate bill will, for the present, go glim-
mering. and shippers who are being
imposed npon will have to look to the
state legislatures for relief.
The new steamers Of the French line
between New York and Havre, are
making the run @, 17O in six days and
ten hours
THE bread line" in San Francisco is
gradually shortening. but it is long
T.. Al L.