Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1906-04-14
Favors Simons Amendment.

says the mouse Dill mas Cne necessary
votes and is the winner.
Favors simons Amendment.
Washington, D. G., April 13.-(By
Associated Press) Railroad rate leg
islation again was the topic Of import
ant discussion today at the White
House. The President talked over the
subject with Senator Nelson Of Mime
sofa, one of the staunch supporters Of
rate regulation. He later discussed it
with Senators Simons and Overman,
of North Carolina. The President sug-
gested to Nelson that, in his judgment,
it would be wise to attach to the Hep
burn bill either the amendment Of
fered by Simons or that by Mallory Of
Florida, both Of which are designed to
prevent unusual delay In consideration
of applications for temporary injunc-
tions. The proposed amendments pro-
vide that proceedings for preliminary
injunctions must be begun before the
rate fixed by the commission goes into
effect.
Foraker for Broad Review.
Senator Foraker yesterday made
clear his position on the court review
amendment OF the Hepburn rate bill,
declaring himself for q broad review,
and asserting that the review suggest
ed by the bill was Cheat and a hum
bug"
Senator Latimer had spoken, favoring
such amendments to the bill as would
put the rulings Of the interstate com
merce commission entirely out OF the
reach Of the courts. He said the best
plan to settle the vexinE question was
to pass the bill without amendment,
and let the supreme court pass on 1t,
and in this way get the law in opera.
ton, or get a decision showing the
power of the commission.
Foraker Attacks Hepburn Bill.
Mr.. Foraker urged consideration OF
his amendments forbidding rebates
and regulating the issuance Of passes
He eulogized the Elkins law, saying
that it contained a remedy for nearly
all railroad evils with the exception
of excessive rates. He said that the
Elkins law. however, had some weak
places in 1t, and he believed that II
was the confidence in this law which
was responsible for the weakness o1
the Hepburn bill.
Mr.. Foraker discussed the question
of court review amendment of the
pending bill, saying that the courts
were open to complaints of extortion
ate rates on the one hand and confis
catory rates on the other, but that be
tween the two there was wide
range ,and that there should be al
opportunity for judicial review ii
this class of cases.
In reply to Mr.. Bacon he said thai
wnen case gets befor, court Il
will become necessary to go into the
entire case. He would have a broad
review
Does the senator mean that in thu
end the courts instead of the commits
sion would in effect fix the rates 2
asked Mr.. Bacon, and Mr.. Foraker de
MED that such was his purpose. Tht
only question that court could de
eide would be as to whether give1
rate was just and reasonable. NJ
court could decide whether any giver
rate was confiscatory without COINS
into all the facts. He declared tina
a greater "cheat and humbug'' could
not be conceived than the review sug
gested in the bill.
Drawn by Crafty Lawyer.
Mr.. Clapp claimed that the purpos,
of the bill was to carry into effect tn,
orders of the commission, and that tn,
provision for taking case to tn,
courts was for mere supplements
/ proceeding, and that it goes as far a,
is necessary.
why is the senator attacking tina
provision?" he asked.
4 because" Mr.. Foraker responded
sit is fraud and cheat and a hum
bug, and am going to oppose it a
such"
Referring to the use of the word
Sin the Judgment of the commission
in dealing with extortionate rates, MI
4 Foraker declared that "the bill is cra1
4 tily drawn by lawyers who knew wha
they were doing, and is intended It
/ deftly take away from the courts al
power of reviewing the findings of tn
commission. /"
Il He declared that if the power o
rate making was conferred on the CON
mission congress must be careful +
i confine the work of the commission t
] administrative service and he argue
!, that as the bill stands 1t intrusts legis
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