The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-04-03
ROOT IN RATE WAR
AID TO ROOSEVELT
Amendment Opening Hepburn
Bill to Court Review, Chal-
lenge to Senate.
Reply to Critics Reported to Be
Work of Secretary Of
State. ~.
By w, w. Jermane.

BY w. w. Jermane.
Washington, April 3.-Secretary of
State Elihu Root is reported to be the
author of the amendment to the railway
bill which President Roosevelt has ac-
cepted, and is urging republican sena-
tors generally to support. The Hep
for review by the courts of the inter
state commerce commission s decision.
It is contended by some Of the lawyers
of the senate, men who favor rate legis-
lation on principle, that without court
review provision the Hepburn bill
would be declared unconstitutional by
the supreme court of the United States
The lawyers Of the senate have been
unable to agree, however, on the nature
and scrip of the court review The
amendment which Mr.. Roosevelt pro-
poses confers jurisdiction on the circuit
courts of the United States. "To hear
and determine in any such suit whether
authority of the commission OR violation
of the rights Of the carrier secured by
the constitution.
Follows Constitution.
In other words, this amendment is
nothing more than a restatement Of
the constitutional provision that proper
ty cannot be taken without just com
pensation or without due process Of law.
It has been offered with view to salts
Tying those senators who desire to sup
port the administration policy, but who
honestly believe that the rate bill will
be defective if it fails specifically to
provide for some form of judicial re-
view.
Say these senators, cit is conceded
that the Hepburn bill by, indirection
permits review by the courts. Then,
why decline to provide for that review
In specific terms, especially when fail
ure to provide for it raises the question
of the bills constitutionality. >
Since, the president 8 amendment
does not enlarge the appeal privilege
guaranteed by theaconstitution, it obvi-
ously falls wit hin what the president
has referred TO from time to time when
he has said that if there must be re-
view, 1t should be limited, and not of a
character that would direct the courts
to retry. cases on appeal From the
president s point of view, therefore, the
proposed amendment is perfectly harm
less and comes as concession to those
senators who claim the bill would be
faulty without it. -
Entanglements Feared.
The principal objection to the court
review amendments thus far discussed
by the senate has been that they paved
the way to countless appeals and inter
nninable litigation. It remains to be
seen whether such an objection will be
- made to the presidents amendment
Mr.. Roosevelt has been advised by the
attorney general that the amendment il
sound and will stand the tests of thu
courts. -.t -
According to Attorney Genera
Moody's construction, the amendment
does not open the courts for re
trial Of all the issues upon which tn
orasTa od pm hassa h}
the court authority only to say whethe
the commission has given fair hear
. ing and had acted upon the lines lai,
down by the law. The discretion Of tn
commission, it IS explained, is almos
:. absolute. Under the terms Of the &C
it would be difficult to delay the tax
ing effect of an order, of the commits
sion lowering the rate.
= It is maintained by the president
advisers that while the amendment doe
not specifically declare against restrain
ing, orders, it is extremely doubtfr
i. whether a court would attempt to inte1
fere with the order Of the commissio
except in the manner provided. !
this amendment is adopted. it will b
interesting to see what the resourcef,
railroad lawyers will do to the Hepbur
act after it goes into effect. . -. =
Important to Root. -
The amendment is the handiwork G
one of the greatest corporation alto
neys in the United States, who is cree
tied with presidential. aspirations. ]
probably would prove. very exaspera
ing to that gentleman should HI
amendment prove defective and enab
the railroads to resort to those snbt
devices by which the operations of IL
law are hampered. Of course, tn
president does: not think that it
thus defective.
What opposition has thus far aris
=. to the president IS amendment com
. from the senators who do not want al
rate legislation These men are sa
ing that the president, by his interfe
ence, has complicated the question
a. time when agreement in the sena
as to review amendment seemed ne
at hand, and that this interference W
result in delaying action and in inje'
ing new issues into the debate. Wheth
Athls Is to be the case or not remains
be determined 2 4!
Senator Clapp in Line.
The friends Of the bill say that the
can surely be no complication in pr
ting into the, bill the constitution
guarantee of appeal. Senator Clap
who has favored the bill as it pass
the house, is. satisfied with the pre-
dents amendment. He still thinks t
amendment not necessary, but cam
see how its adoption will affect the
one way or the other. He understan
the purpose it is to serve, and is sat
fed to support it.
The senate debate on the rate uu
tion has thus far been Illuminating a
for the most part important It h
covered the several phases Of the ct
troversy in an admirable way and pro
ised to become one of the most imp
~ tant debates of congress in recent yea
both for the reputation Of the men. ia
ing part in it and for the character
the arguments they have presented. L
debate thus far has stamped the sen;
as a great deliberative body, and no
ing has vet appeared on the sur face
Continued on I'd Page. 18th Column.
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