Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-05-13
ADOPTED BY SENATE
Allison Amendments to the Rate
Bill Agreed To.
JUDGES USE OF PASSES
Effort to Keep Them OF Of Railway
Cases.
MR.. LA F0ILETTE's PROPosITI0N
Attempt by Nr. MeLaurin to Daf
Judges Holding Railway
JUDGES USE OF PASSES
MR. LA FoILETTE's PRoPosITI0N

@-ssSA SSstSt4RJ . Guar = ISboft VI the Q1-
bate on the railway rate bill closed an
amendmsnt was suggested by Mr.. La Fol-
istts prohibiting federal judges who hold
railroad stocks or bonds or who use or
solicit paases from presiding In cases arts
ing under the proposed law. He said the
present law prohibits federal judges from
using passes. but that u 10 being constantly
violated. His attention had osen called to
tbs fact that some such Judges arc In the
habit Of using passes themselves. or of
asking Them for their friends He had, he
said heard OF cases In which they had
taken their friends in special cars across
the country At the expense OF the rail-
roads.
7 have some respect for the Judiciary"
said Mr.. Hale. and moved to lay the amend
90 to q. Messrs. Galllnger, la Toilette and
McCumber voting with the democrats in
Senator Simmons presented another
amendment, saying that he did so only for
the purpose Of making speech He de-
clared that the House bill had not been
improved upon and that every effort had
been made in the Senate to emasculate that
measure He predicted that IL the bill
passed without restriction upon the sus-
pension OF the orders of the courts 1t
would be a victory for the railroads. He
then withdrew the amendment.
To Restrict the Judges.
An amendment was offered by Senator
McLaurin prohibiting judges holding rail-
road stock from sitting in railroad cases.
and Senator Hale gave notice of motion
to lay on the table.
Mr.. McLaurin declared that the Maine
senator had no monopoly of respect for the
| courts. He then spoke in support of his
provision, saying that If ltigant he would
not want a partner Of his adversary on the
bench. as would be the case as between
the shippers and the railroads. when
stockholding Judge sits in one of those
cases.
Senator Foraker expressed the opinion
that no Judge could be found who would
sit In case In which he was interested,
and said that legislation like that suggested
was pretty nearly an insult to the judi
ciary." and to this Mr.. McLaurin replied by
saying that such provision was no more
an insult to the judiciary than laws for
the regulation of ordinary humanity are an
Insult to them.
Senators Clay and Morgan suggested that
the provision was now found in the general
law and generally observed.
Senator Hale declared that "the propo-
sition that federal judge would sit in
case when he is a partner in interest with
one of the litigants Is monstrous." He
added: ANY judge so doing is subject to
impeachment" He then moved to lay the
amendment the table, which was car
ried, 40 to 3d.
Senator Daniel prepared an amendment
requiring that the record In cases shall be
forwarded from the commission to the
courts, after the manner of certiorari pro-
ceedings. and spoke in support of it as in
the interest of expedition.
Senator Allison agreed that the courts
ought to have the record Of the case be-
fore the commission. but suggested its
presentation in different place. At his
suggestion Senator Daniel withdrew his
amendment.
Court Review Amendment Adopted
Senator Simmons offered two amendments
which were disagreed to, and the Allison
amendment was then adopted without d.
vision as amended. The provision reads:
"The venue of suits brought in any of the
circuit courts of the United States TO en-
join. set aside, annul or suspend any or
der or requirement of the commission shall
be in the district where the carrier against
whom such order or requirement may have
been made has its principal operating office
and may be brought at any time after such
order is promulgated. and If the order or
requirement has been made against two or
more carriers then In the district where
any one OF said carriers has principal
operating office: and If the carrier has its
principal operating office in the District of
Columbia. then the venue shall be in the
district where said carrier has its principal
office. and jurisdiction to hear and de-
termine such suits Is hereby vested In such
courts"
Senator Bacons court review amendment
and his impounding provision were offered
and disagreed to-
The Allison amendment extending the ex-
pediting act to hearings on applications for
preliminary injunction was adopted
Next was offered the Allison proviso to
the court review amendment which had
been accepted. To this Senator Oyerman
offered al substitute his amendment pro-
Vlding Tor notice to the adverse party in
application for Injunction. but 1t was dis
agreed to.
Senator Bailey spoke on the Allison pro-
viso. which he declared was a recognition
at last by the republican party that courts
can be enioined from issuance OF injunc-
tions under certain conditions for five days
at least
THE only difference between me and the
senator from Iowa. he said. rs one of
policy and not one Of principle He de-
| manded the roll call on the proyiso. saving
that he did not believe there would be a
vote against II.
Allison Prcviso Adopted.
1t was adopted. Ayes, 70; noes, g. The
three negative votes were Clarke. Arkansas:
Morgan and Pettus. The proviso as adopted
follows:
provided, that no injunction, interIocu-
tory order or decree suspending or re-
strainins the enforcement of an order of
the commission shall be granted except on
hearing after, not less than five days no.
tice to the commission. An appeal NAV
pc taken from any interlocutory order or
decree granting or continuing an inJunc-
tion In any suit, but shall lie only to the
supreme Court Of the United States: Pro-
vided. further. that the appeal must he
taken within thirty days from the entry
of such order or decree and 1t shall take
precedence In the appellate court over all
other causes, except causes of like char
acter and criminal causes"
The final Allison amendment which
struck out a few lines at the end Of the
section and was purely formal was agreed