The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1906-05-16

definition, provided that this definition
did not seek to grant a broad re-
view, but explicitly narrowed it to the
two subjects which, as a matter of
fact, believed the courts would alone
consider in case there was no attempt
to define the limits of their review;
that is, would limit it to the question
as to whether the commission had act
ed ultra wires and as to whether any
mans constitutional rights had been
impaired. I stated that if the ques-
ton Of defining or limiting the review
was brought up at all, personally felt
that this was the way in which it
should be limited or defined.
At different times at least a score Of
tentative amendments were either pre-
pared by the attorney general at the
request Of senators or submitted to me
by Senators. AS many Of these amend
ments Gncluding among others the
substance Of the so-called Long, Over
man, Bacon and Spooner amend
ments) I stated that I should be en-
tirely satisfied to have them in the bill,
as to others I suggested notifications
which would make them satisfactory;
as to none did ever say, either to Mr..
Chandler or to anyone else, that I
should insist upon having them in the
bill as condition of my approving it.
On the contrary, was always most
careful to state that I was not trying
to dictate any particular programme
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 miscon-
ception Of my attitude or any belief
that I had pledged myself specifically
to one and only one amendment or set
of amendments or that I would not be
satisfied with any amendment which
preserved the essential features 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
number Of these amendments, trying
to find out for which one there could
be obtained a sufficient body Of assent
to secure it's passage and the passage
| Of the rate bill.
To almost every amendment propos-
| ed by any one found that there were
other excellent men who objected, or
| who at least wished to change it, and
| 1 finally became convinced that it was
| impossible for senators with advantage
to use me as the Intermediary in COM
| ing to an agreement with their col
! leagues, especially when they only
communicated with me through an
other intermediary, and I earnestly
suggested to all to whom I spoke that
| they should communicate with you,
whose purposes and mine were identi-
|
| by various Democratic senator's that
they could not come to an agreement
upon any amendment and that the
| best chance for success lay in passing
the Hepburn bill substantially un-
| changed. was informed and believed
| that this was Senator Bailey's view;
and number of the Republican sena-
! tors who favored the bill expressed the
same opinion. Shortly after this you,
| in company with Senator Cullom, call
ed upon me with the amendment
which is now commonly known as the
Allison amendment. told you that
while I should prefer the Long and
| Overman amendments, yet that your
amendment was entirely satisfactory.
! Your amendment does not in the
slightest degree weaken or injure the
Hepburn bill. 1t merely expresses
what the friends of the bill have al
ways asserted was implied by the
terms of the bill. I may add that my
own opinion that your amendment in
no way changed, whteher by diminish
ing or enlarging, the scope of the court
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
amendment merely avoids the criticism
that the Hepburn bill would be con-
s.;.utionally invalid in not expressly
providing the court review which its
supporters have always contested was
plainly implied in the original Ian
guage.
The original Hepburn bill stated
that the venue for certain actions was
in certain courts; the amendment
states that these courts shall have ju-
risdiction to consider such actions To
| nv mind If seems difficult to assert