Omaha daily bee., 1906-04-01
WILL AMEND HEPBURN BILL
Conference at White House Agrees Upon a
Court Renew Provision.
MR. LONG WILL INTRODUCE IT MONDAY
II COnfers Upon Circuit Courts Power
to Determine whether Com
mission Has Exceeded
Its Authority.

WASHINGTON, March 31.-Friends of the
house railroad rate bill, in conjunction with
President Roosevelt, at the White House
today agree on an amendment providing
especially for judicial review of orders OF
the Interstate Commerce commission. This
amendment viii be presented on Monday
by Senator Long, a pronounced opponent
OF any amendment which would permit
the railroads to obtain a review of a char
aeter amounting to a retral of the merits
of the commissions order
Senators Allison Cuilom, Dolliver, Clapp
and Long, Attorney General Moody and
Interstate Commerce Commissioners Knapp
and Prouty were called 10 the White House
late this afternoon. Soon after they as
sembled the president submitted the court
review amendment that was afterward en-
dorsed by all present. number of the
| eOnferees previously had seen the draft,
but its authorship was not disclosed. The
] president announced that he had decided
upon the meeting because he desired to
| ascertain the present state OF feeling in
congress regarding a judicial review feature
in the legislation. 1t was made clear that
he had not changed his views regafding
the pending bill, and similar stands were
taken by the others. The president thought.
however. that in difference 10 the large
number Of senators who honestly believed
that the bill without such feature would
not be constitutional, the bill should be
amended, II IL could be done without a
surrender OF the purposes of the legislation.
This could be done, he believed, by an
amendment which he then read.
Text OF the Amendment.
The amendment proposes to strike out
the paragraph at the bottom of page u, and
insert as part of section l6 the following:
That all orders Of the commission. except
orders for the payment OF money. shall
take. effect within such reasonable time az
shall be prescribed by the commission and
shall continue for such period OF time, not
exceeding two years, as shall be prescribed
sooner set aside by the commission or sus-
pended or set aside I'm a suit brought
against the commission In the circuit court
equity for the district wherein any carrier
plaintin in said suit. has its principal
operating once, and jurisdiction is hereby
conferred on the circuit court OF the United
States to hear and determine In any such
suit whether the order complained OF was
beyond the authority OF the commission o.
In violation OF the rights OF the carrier
secured by the constitution.
Discussions OF the amendment continued
for an hour or more. II was carefully
analysed to ascertain whether under III
terms an order OF the commission lowering
a rate could be delayed in taking effect
Attorney General Moody and other lawyer
point out that the discretion of the com
mission is absolute. without specifically
declaring against restraining orders 4
makes It extremely doubtful whether I
court would attempt 20 interfere with al
order except In the manner provided.
senate VIII Accept II.
When the president asked whether al
amendment OF that character would b
adopted by the senate the senators Presen
said they thought they could promis
twenty-nine republican votes for IT, an
there Is little doubt that practically IN
4 entire minority would support It.
II was agreed that the amendment Shout
be offered soon as possible. Senate
Long had given notlee that be would ad