The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1906-05-18

he had come to q complete disagree
ment with them He made this point
emphatic BY repetition; said that he
would go thus far and no farther and.
that his decision would be ~unaiuerable.
de said that he wished to ascertain
whether there could be united action
In the senate among the friends Of the
bill so that 1t could be surely passed
without injurious amendments and he
named various republican senator's
who he thught were r friends OF
the bill, but said that it would take
nearly all the democrats to carry the
Limitation and defeat all obnoxious
provisions
WOULD CHECK INJUNCTTONS.
After the president had made his
statement | replied that I had reason
TO believe that most Of the democrats
in the senate would sustain his limita-
ton OF the courts powers, but thar I
was sure that Mr.. Bailey and Mr.. Till
nan would insist upon coupling with
the Limitation some restriction upon
the power OF the courts to issue in
functions against the orders of the
commission Before | had finished my
statement on this point the president
interrupted me, saying that | need not
explain further, because he was warm
" in favor of some such restriction.
MAY SMOKE MOODY OUT.
The portion of the Tillman state
ment denied by the president through
the fundamentally Of Senator Lodge
was only a minor and really homes
sentia portion Of the exposure. The
r-sral e. 90 -bA y-L~I -.n--~ - .hn
part which the president and Mr..
Moody played in the negotiations with
the democrats and in framing the
amendment which Mr.. Tillman read 10
senate yesterday. The amendment was
framed by Mr.. Moody, and it was said
TO have received the approval of the
president before it vas exhibited a
second time to Messrs. Tillman, Bailey
and Chandler. The original of this
proposed amendment upon which the
alliance with the democrats was based
was prepared in the department Of JUS
tice, and each of the two sheets upon
which the amendment is written COLI
tains the official water mark of the de-
partment of justice. ,
After Mr.. Tillman had read the
amendment and concluded his state
ment TO the senate yesterday afternoon
Senator Aldrich asked Senator Tfllman
for permission to ScrutiniZe the Origi-
nal copy of the amendment. Mr.. I'LL
man gladly consented to this favor.
why, this amendment contains the
official seal of the government" said
Mr.. Aldrich. Then, lifting the two
sheets of paper to the light, Mr.. Aid
riah yCh0co ohcoruip n 0vroc ha1 oa11Jhf
the significance of the thing at a sim
gle glance, pointed out the telltale
wafer marks of the official paper of
the department of justice on tho
amendment. This water mark is q
fac-simile of the seal of the depart
ment Of justice.
TEXT OF MOODY MEMORANDUM.
First. Strike out the words "fairi:
remunerative" wherever they occur.
Second. Allow the bill to stand in
the respect of providing for maximum
rates only.
Third. Adopt an amendment which
is a composite of the amendment
printed in Golfers on March 24-tae
Long amendment-and the Bailey
amendment of March 81, as follows.
THAT the orders of the commission,
except orders for the payment Of
money, shall take effect within such
reasonable time as shall be prescribed
by the commission, and shall continue
for such period Of time, not exceeding
two years, as shall be prescribed in the
order of the commission, unless soon
set aside by the commission, Or by
a court in a suit brought by any car
rier, person, or corporation, party to
the complaint, affected by the order of
the commission, against the commits
sion N the circuit court Of the United
States, sitting as a court of equity in
the district wherein any carrier party
to said suit has its principal operating
Office; and jurisdiction is hereby con-
ferred on the circuit courts OF the
United States, sitting as a court of
equity in the district wherein any car
rier party to said suit has it's princi-
pal operating Offices and jurisdiction
is hereby conferred on the circuit
courts of the United States to hear
and determine in any such suit wheth-
the order complained of was beyond
the authority of the commission. or
in violation of the rights of the car
rier secured by the constitution; and
if, upon the hearing, the court shall
find that the order complained Of was
beyond the authority Of the commits
sion or in violation of the rights of
the carrier secured by the constitution
it shall enjoin the enforcement of the
same: Provided, however, tina no Or
der of the commission shall be set
aside or suspended by any preliminary
Or iuterlocutOry decree or order of the
court. Said proceedings shall have
precedence over all other S on the
docket of a different character, and
the court shall have power to make
orders to secure the attendance of per-
sons from any part of the United
States, and the existing laws relative
to evidence and proceedings under the
acts to regulate commerce shall be az
plicable. Either party to said pro-
ceeding shall have the right to appeal
directly to the supreme court of the
United States, and such appeal shall
precedence in said supreme court
--- III -1-- x4