Omaha daily bee., 1906-05-06
JUDICIAL REVIEW AMENDMENT

IL was evident q week ago, W0en IL
was decided TO close general debate on
the rate bill in the senate, that some
basis of. agreement had been reached,
and the plan put forth by Senator
Allison comforting jurisdiction on the
United States circuit court to hear
and determine suits brought against
the Interstate Commerce commission,
virtually announces the agreement
among the republican senators on the
vital question of the relation of the
judiciary to the action of the commits
sion under the immensely enlarged
powers conferred upon it for control
Of railroad rates and service.
The construction of the amendment
is a technical matter, relating to
strictly legal and constitutional ques-
tons, which according to the terms en-
ployed do not on their face carry to
the average mind precise impression
OF their practical effect. But the gen.
eral public, though not yersed in the
niceties of technical legal phrase, will
rest securely in the assurance that the
loyal advocates of public control of
railroads in the senate and in the
house and President Roosevelt him
self have made sure of victory in the
form Of amendment to which they con-
sent. The fact Of their consent will be
taken as conclusive on that point.
The bone of contention In the senate
during the whole session has been
judicial review of the rates and orders
of the commission, the real question
being whether the power of the courts
should be narrowed to the constitu-
tional prohibition of confiscation or
broadened to include the whole matter
OF reasonableness of rates, in effect
making any case heard by the commits
sion retriable in it's length and breadth
on appeal TO the courts. The most
ardent friends of rate control have
from the FIRST conceded the inherent
! right Of appeal to the courts and have
insisted that specific provision in the
law was unnecessary, but their point
was to leave It where the constitution
leaves it. so the commission should not
be, as 1t has been, a mere halfway
house in the long course Of litigation,
but virile and efficient agency for re-
lief from transportation abuses. That
was the aim of the Dolliver- Hepburn
bill as it passed the house. The prompt
expression OF the president that the
effect of the Allison proposition is al
ready in the bill will be reassuring to
all friends of it's central purpose.
Three distinct elements evidently
are involved in the settlement, the two
extremes representing on the one hand
those who. with the president, believe
that the original bill at once consum-
mated the main purpose OF rate control
and complied with the constitution,
and on the other hand those who were
hostile 20 that purpose and bent on de-
feating It OF weakening the measure in
every possible way. But the third ele-
ment. mainly lawyers and including
some OF the ablest senator's, whom the
president comedies TO be sincere
friends of rate control, regarded the
measure defective and even unconstitu-
uonal without explicit provision for
judicial review, and the president him
self declares in favor Of a change of
form which involves no sacrifice of
substance, in order to remove any
doubt in the minds of such senators.
The result seems TO make sure the
enactment OF measure notably
strengthening public control over
transportation. An emergency had
arisen in which the public demanded
the means of relief. however they
might be supplied. 1t will be crafty
ing to republicans that their party. in
spite OF all fears and predictions TO the
contrary, will be able with its own
votes to pass such a measure, even in
the senate. That there is also strong
element on the democratic side Of that