Omaha daily bee., 1906-05-15
OPEN SATURDAY EVENINGS

that this was Senator Bailey's view. and
number of the republican senators who
favored the bill expressed the same opinion.
Shortly after this you, in company with
Senator Cullom, called upon me with the
amendment which is now commonly known
as the Allison amendment. I told you that
man amendments yet that your amend
ment was entirely satisfactory.
scope of Allison Amendment.
Your amendment does not in the slightest
II merely expresses whal the friends OF
the measure have always asserted was
implied by the terms of the bill. may
add that my own opinion that your amend
ment I'm no way changed whether by
diminishing or charging, the scope of the
court of review as provided in the original
Hepburn bill is also the opinion OF the
attorney general, of Mr., Root and of Mr..
Taft. Their Judgment is that the amend
Hepburn bill would be constitutionally in
valid in not expressly providing the court
contended was plainly implied in the
original language The original Hepburn
bill stated that the venue for certain
ment states that these courts shall have
jurisdiction to consider such acuonss 10
my mind II seems difficult to assert that
this works any change whatever in the
THEODORE ROOSEVELT.
Hon. William b. Allison, United States
| Senate.
Attorney General MOOdy's Letter.
The attorney generals letter to the presi-
| dent follows;
OFFICE OF THE ATTORNEY GEN
| ERAI, WASHINGTON May H. l906.-My
quest tsT an an account Of the copferences which
/ had by your direction with Senators Till
| man and Bailey upon the subject OF the
court rreview feature of. the peHdiAsrs rate
1 legislation.
4 Tillnan and Bailey had communicated with
/ you through third person, informing you
! that they we're willing to support an amend
ment 70 the Hepburn bin, which, while n
/ courts to review the action Of the COM
mission, should limit the review to the
| two questions of the authority of the com
| mission and the consttutionality OF its ac-
| ton, and include, provision forbddtng the
| issuance Of introductory injuncuons. You
! told me that they were not willing TO con-
] fer directly with you, but would meet me.
] You asked me If thought that congress
| had the power to prohibit the issuance of
| interlocutory injunctions by courts inferior
! to the supreme court and told you that
having read part only Of the debate upon
/ to me- | had not formed a final opinion.
| You then asked me whether II such pro-
| vision were declared unconstitutional IL
would affect other provisions OF the law.
/ / told you that in my opinion Il would as
/ that provision would not be easily pc sepa-
! rated from the remainder OF the Dill he
! calling the advice that l had the honor
| TO offer to you, that you should. not az
any stage become finally committed beyond
| recall to any form of language In any part
| of the bill and affirming your BELIEF In the
wisdom Of that course, you then SAID that
| provision limiting the court review 70
/ the authority of the commission and the
| constitutionality of its acts and a provision
functions as far as was constitutionally
possible, would be acceptable TO you pro-
vided II was decided not TO try to pass
the Hepburn bill substantially unchsn6ed
and you asked me to meet the gentlemen
named In conference.
Conference with MIR. Bailey.
The conference was arranged by Mr.
full and free. 1t would be impossible to
state all that was said in conference
of two hours, but l think no raise s., Color
is given to the conference by the Following
Il informed the gentlemen Of my belief
that you desired, II the scope OF the court
y review were to be expressed In the law
at all, that II should be limited 10 the two
subjects hereinbefore named, that In case
the so-called Long amendment was ac-
| ceptable to them that you would be glad
to see a rigid limitation on the issuance
tions were possible, and | stated further
that l would not assume TO agree 10 any
form Of language whatever for you, but
, | would submit, any proposed apendment
| 10 you for your consideration. also
stated my doubt whether in any event 1t
would be possible to enact provision en-
tirely foTbidding introductory injunctions.
l found myself in entire accord with Sen
atOr Bailey to the rules Of COnsthu-
tional law applicable to the situation. with
, ! the exception OF those relating TO the power
OF congress 10 forbid all interloeutory in
functions upon which l did not offer any
final opinion, only sa ying that Mr. Bailey's
argument needed an answer. An attempt
was then made to- adopt phraseology which
would effect the intention OF the two SEN
ators | made some notes upon this branch
! OF the subject and az the close Of the in
/. terYiew said to Senator Bailey that
would put my understanding Of their views
/ on the question OF phraseology IN writing,
| send II TO HIM ana II II met with his APP
Sa SS%5 y Ths d @em and
randum 10 MIR. Bailey. enclosed In letter
{ which read as; follows:
rough draft is | understood your sug-
: gestious OF yesterday. | think IL quite
4 likely that this draft might be bettered,
stood you. Very truly yours -.
D -. Wv. II. MOODY -
8 The draft referred 70 IS the one printed
in last Saturdays Record.
Democrats Unable 20 Agree.
The conference among the democratic
J members of the senate then occurred, the
& press reports OF y hich indicated that there
. Mr. Tillman. however, called to assure me
I that the prospects OF an agreement among
{ a large number OF the democratic senators
vas good beard 1s, nothing further from
formed you Of what occurred at the inter
= view between the two senators and me
r and YOU, told me what you had been in
, formed from various democratic sources
d that an agreement among the democrats
upon any amendment would be Impossible
III The Two senators called upon INC -again on
: the 23rd or 24th OF April There was some
| further talk about the form OF the amend
ment The suggestion was. made that II
vision prohibiting all interlOcutory iniuRc.
; tons, to agree upon an amendment which
should include the Long amendment and
amendment I then said that In my opinion
| any amendment drawn by any one repre-.
sensing the executive branch OF the GOV,