Los Angeles herald., 1906-05-08
SUDDEN CHANGE IN RATE BILL
Allison Compromise Proposition Meets
With Opposition
Bv Associated PreeE

WHIT OPPoSitioH
BY Associated Press.
WASHINGTON, May 1.-THE situa-
tion of the railroad rate bill took an
other decided change today and at the
same time there was an additional step
toward final agreement as to what
the judicial review amendment shall be.
The Allison compromise proposition
met with such determined opposition
from those senators who have fought
against a broad court review that de-
spite President Roosevelt's acceptance
of it and his declaration that other pro-
visions he had advocated were not vi
tai, an agreement was reached by
which several restrictions will be placed
on the review proposition.
These were agreed upon in conse-
quence of many informal conferences
on the floor of the senate durding the
debate. The result is that in return
for the amendment comforting jurisdic-
tion on circuit. courts to review orders
of the commissions, friends of the bill
have demanded and by agreement of
senate leaders will secure counter con-
cessions as follows:
/ Requires Five Days Notice
| That no order of the commission
shall be suspended or set aside by an
interlocutory order or decree without
hearing had on the petition therefor,
unless at least five days notice shall be
given to the commission as 70 the time
and place fixed for said hearing.
That such order shall not be made
unless two judges of the court to which
| application is made shall concur in
such interlocutory order or decree.
| That an appeal from such interlocu-
| tory order or decree may be taken with
| in thirty days from the entry thereof,
but shall lie only to the supreme court
| of the United States.
| That the rate making section of the
bill shall not be amended.
Senator Allison Returns
Senator Allisons return to the senate
| today after a brief illness had much to
| do with the additional agreement.
| 1t was during his illness that the
compromise proposition which bears his
name was given publicity While he
| made no complaint against the position
in which he was placed by the COM
promise amendment, he made it clear
| by his course that he did not think he
had been treated fairly by senator's who
announced that he had paved the way
for meeting ground for the contesting
| Republican factions.
To friends of the bill who looked upon
the compromise as surrender to rail-
did not preclude further amendments
which would expedite the review.
Terms 1t Breach of Faith
He disposed finally of the argument
that an insistence of such amendments
would be breach of faith with the
conservatives who had accepted the
compromise. He did this by saying
| that there had been no agreement
The effect of this statement was the
threatened overturning of the COM
promise and negotiations were at once
opened between the two forces.
| Senators Dolliver, Long, Clapp and
several other Republicans who had OPP
posed the amendment declared that If
the Allison compromise was adopted it
must be followed with the provisions
before stated.
Finally Senators Aldrieh, Knox,
| Crane, Foraker, Lodge and a number
of others agreed that if the Allison
amendment were adopted they would
consent to the adoption of some such
amendment as that offered by Senator
Overman, providing for notice to the
adverse party before preliminary in
| functions are issuer, suspending orders
of the interstate commerce commission,
and that offered by Senator Bacon,
providing that such preliminary order
shall be concurred in by two judges.
Should Go to Supreme Court
They agreed further that appeals
| from such interlocutory orders or pre-
| liminary injunctions should be made
direct to the supreme court. Friends
of the bill held out for still another
agreement and that was that section
four Of the bill, which amends section
fifteen of the interstate commerce act,
should be left as 1t passed the house.
The conservative faction demurred
at this suggestion. The section is the
one that provides that the commission
shall make rates which In its judgment
shall be just and reasonable. The con-
servative faction decided to strike out
the words 'in its Judgment"
Unquestionably, declared the friends
of the measure, that would compel the
courts to review the action OF the
commission as TO the justness and
reasonableness of the rates fixed. I'M
der the language of the house bill they
believe that the courts Will not review
that question.
! After the adjournment of the senate
today Senator's Aldrioh, Knox, Carter,
| Hopkins, Cullom, Fulton and Crane
| Al 4