The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-03-15
Anybody Can Get Injunction.

ANYBODY Can Get Injunction.
In a colloquy with Mr.. Fulton concern
ing the right of injunction, Mr. Rayner
said that almost anybody could get an
injunction.
II have no doubt" he exclaimed, that
you could get an Injunction to prevent
the Senator from Ohio from running for
the Presidency of the United States"
Mr.. Knox questioned Mr.. Rayner about
his expressed willingness to vote for the
bill without a court review provision.
and asked If he would vote for the bill
II he knew that the omission of that
provision would render the bill unconsti-
tutional.
Mr. Rayner did not make immediate re-
ply to the inquiry. but asked Mr.. KNOX if
he considered the bill unconstitutional
without such reservation The Pennsyl-
vania senator replied promptly and en-
phatically, without the slightest doubt"
Mr. Rayner then made reply to Mr..
Knox's question, saying that he would be
willing to vote for the bill in order to
get the question before the courts even
though not satisfied on the point of the
constitutionality. And in response to a
question from Mr. Knox as to whether it
would not be a higher duty to make the
bill constitutional said that he had in
contemplation an amendment covering the
point. Continuing, he expressed conf
dence that the friends of the bill were not
far apart on the question of the necessity
for a review provision, saying that he
had hoped that even Mr.. Dolliver might
be brought to see that such provision
was necessary.
This statement brought the Iowa sena-
tor to his feet with the declaration that
he had never objected to a reasonable
provision in the direction indicated. He
added the opinion that the United States
circuit courts have jurisdiction In inter-
state cases, but said that his objection
was the enlargement of its jurisdiction so
as to constitute of them a court of APP
peals for the interstate commerce COM
mission. He added that he was not pleas
ed with what he considered Mr.. Rayner's
criticisms of the Senate committee on
interstate commerce. He declared that
the Maryland senator had charged the
committee with perpetrating a fraud, that
in view of these facts he thought his ar
gument had not tended to strengthen the
cause and that the friends of the bill
could get on without his help.
Mr.. Rayner emphatically disavowed
any intention of rejecting on the COM
mittee.
Mr.. Dollver then said he would not
make especial objection to a provision
against the suspension Of the orders Of
the interstate commerce commission II
such a provision should be sustained. He
expressed his willingness TO accept an
amendment like that suggested by Mr.
Bailey of 1t could be enforced.
Mr.. Rayner replied that he had been
expressing Mr. Bailey's view, and he an
nounced that the democratic senator's had
held a conference and had decided that
=, bo
vision OF the bill.
Aldrich Questions Rayner.
Mr.. Aldrieh questioned Mr.. Rayner as
to his willingness to accept an amend
ment giving the carrier the same protec-
tion that is given to shippers, and the
latter replied he would favor provision
that would give the courts jurisdiction in
all cases involving the charge of unjust
compensation, and was willing to afford
relief where rates were made too high.
"Then,'' responded Mr.. Aldrlch, I'VE
are practically in accord
Mr.. Rayner outlined the proposed demo-
cratic amendments to the bill, saying
that they would do away with the sus-
pension provision and give the courts the
rights to try the question Of just com
pensatlon. II these provisions could be
accepted, he said, the bill could be passed
today.
Mr.. Aldrich replied that he was not
prepared to say that he would agree to
the suspension provision Aand Mr.. Rayner
declared that this was the real question
at issue.
Replying further, Mr. Aldrich said that
he did not want endless litigation.
Mr.. Knox thought that sixty days
would be sufficient to take any one of
these cases through the courts. while
On not laeG time
than eighteen months would be neces-
sary for the process, while Mr. Tillman
called attention to the fact that there
were oil cases in the federal courts in
Pennsylvania which have been pending
for seventeen years.
Mr.. Knox stated in reply to Mr.. Till
man that he had recently received from
the Pittsburg judge before whom these
cases We're brought statement complain
ing of the criticisms in the Senate of his
course.
The Judge had stated, said Mr.. Knox,
that the compliments had made no move
in the cases for two years.
Naturally they would get tired after
trying for fifteen years" responded Mr..
Tillman.
Both Mr. Lodge and Mr. Foraker took
exception to some remarks of Mr.. Ray
ner, the former In his advice to the rail
road officials TO amend the bill, and Mr.
Foraker to a reference to him and to
Mr. Aldrich as being pleased over the
good fortune of the railroads.
Mr., Rayner declared that he had ne
purpose of intimating that either Mr.
Lodge or Mr.. Foraker could be influ.
enced by the railroads or anyone else
that If the railroad interests would agree
to do so, they could have the suspension
provision taken out of the bill.
do you believe they put it imp de
manded Mr.. Lodge, and the Maryland
senator replied that he entertained M
such view.
Lodge Expresses Views.
Diseontlnunig his questioning of Mr.
Rayner Mr.. Lodge said that he did no
regard the question as one between th'
railroads and anybody. ut is a question
of great public import he said, "a ques
ton which affects all the people It is fo
us to act upon our own responsibility
no one has anything to say at this stag
of the proceeding except the Senat'
itself
Mr.. Foraker then spoke on the merits o
the House bill expressing the opinion tina
IL was not worth the paper 1t is writer
on that 1t is unconstitutional on half
dozen grounds, and that If not unconsti
tutional 1t would not afford relief, to thu
shippers.
Mr.. Tilman contended that any effort Il
suppend the orders of the commission b,
court should be opposed, because sucl
suspension would effect the paralysi
of the entire measure and prevent tn
relief which the people are determined t,
have.
Mr.. Aldrich declared that Mr.. Tillmai
had the committee so enamored of tn
house bill that he had deserted his ow
me assure, and this accusation Mr.. Tillmai
Lot ,nnntIr danind He farndicfdd Tim