The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-02-18

gency. He believes that Knox is patri-
otto, disinterested, q great lawyer, and
a. staunch supporter Of the administra-
ton. 80
The question of court review as ex-.
pressed in statute form is one Of fine
legal technicality. The president is not
competent to master details OF this
kind, and therefore must turn to ad-
visers. And of these, as I have said,
Knox is the chief The president is
also leaning upon Taft and Moody, and
he has had frequent interviews, on his
own motion, with Aldrich, Kean, Elkins,
Clapp and Dolliver. He is thus trying,
it will be seen, to get at the subject
from all viewpoints.
Danger Of the Situation.
The danger. is that he may be wrong
| ly advised, and will accept that advice
and insist upon it's being made into;
law. This feeling exists among those
who would not for. the world accuse
Moody, Taft; or Knox Of duplicity.
| They may themselves be mistaken, but
4 it is generally believed that they will
be perfectly frank with the president.
| Of course, it is to be regretted some
what that the presidents previous
training has been of such a character
as to prevent his digging out this ques-
ton for himself. If he were great
lawyer, with many years of successful
practice behind him, he could do SO,
but he has never practiced law, altho
admitted to the bar, and he will not
7 rely upon his own Judgment on such a
fine question as that which is now di
viding the senate committee. -. =.
In nutshell, the committee differ
:. ences grow out Of conflicting opinions
as to the definitions Of the words ''rea
sonable' and "confscatory. In thu
, dictionaries, and in every day use
i these words mean certain things which
{ the public knows all about, but in Law
: these same words may mean something
entirely different. That they. do meal
= something entirely different, is tn
0 claim of Senators Clapp and Dolliver
{ that they do not mean something differ
v, emit is the claim of Senators Elkins
. Aldrich, Kean, ct al. .'-s
S What Clapp Maintains.
Ii Senator Clapp, fortified by many 81
s. preme court decisions, maintains, an
Dolliver with him, that the moment
rate becomes unreasonable that m
ment it will become s1confscatory,
I'd which being true, there is no need Fl
b. providing for specific court review
IL the: rate bill. The provisions of I'll
~ federal constitution against the takll
III of property without due process Of Ia
:, would at once apply to all rate decision
-, and prevent any unreasonable rate fro
o. going into effect. Senator Clapp al
ne holds that confscation = in law mea
ut this taking Of property without d
en- process Of law, and that the cour
TT, would promptly enjoin it. The 9th
nd side opposes these contentious.
it. A Lawyers Battle.
-, The battle in the senate committt
- it will thus be seen, is a lawyers bait
70 over the meaning Of certain words. n
sp- these words mean certain things, t
specific court review is not necessary
IN, the rate bill. If they mean certain otf
ill things, such review is necessary.
,as The president will be the arbiter
~ the question. He will hear all sides a
:, :, then make up his mind, with the aid
- Moody, Knox, Taft and others,
ieh when his mind is made up, he will
the sumo responsibility for the decisi
the and make that decision a part Of !
ion administration policy.
ma The conclusion will easily be ga
lay cred that at present the e raee sleuae
he is not alarming.