Los Angeles herald., 1906-04-01
Friends of Measure
Agree Upon an
Amendment
Conference Is Held With
the President at
White House
Provision Made for judicial Review of
Orders of the Interstate Commerce
Comnisslon-TWenty-nIne Re-
publican Votes Promised
BY Associated Press.

WASHINGTON, March 31.--Friends
of the house railroad rate bill in con-
ference with President Roosevelt at the
White House today agreed upon an
amendment providing especially for
judicial review of orders of the inter-
state commerce commission.
This amendment will be presented on
Monday by Senator Long. and will per-
nit the railroads to obtain a review.
Senators Allison, Cullom, Dolliver
Clapp and Long. Attorney General
Moody and Interstate Commerce Com
missioners Knapp and Prouty were
called to the White House late this
afternoon.
Soon after they assembled the pres
ident submitted the court review
amendment that was afterward in
dorsed by all present A number of
the conferees previously had seen the
draft, but it's authorship was not dis
closed. The president announced that
he had called the meeting because he
desired to ascertain the present state
of feeling in congress regarding a ju
dicial review feature in the legislation.
Had Not Changed His Views
IT was made clear that he had not
changed his views regarding the pend
ing bill and similar stands were taken
4 by the others. The president thought
however, that in Difference to the large
number of senators who honestly be-
Iieved that the bill without such q
feature would be unconstitutional, the
bill should be amended if 1t could be
done without surrender of the pur-
poses of the legislation.
This could be done, he believed, by an
amendment which he then read. 1t
proposed to strike out the paragraph
at the bottom of page Ia, and insert
as part of section 16 the following:
"That all 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 exceed
ing two years, as shall be prescribed
in the order of the comm sson. unless
sooner set aside by the commission or
suspended or set aside in a suit
brought against the commission in the
circuit court of the United States sit
ting as a court of equity for the dis
tlict.
"And wherein any carrier, plaintiff
in such suit. has it's principal operat-
ing office, and jurisdiction Is hereby
conferred on the circuit court of the
United States to hear and determine
in any such suit whether the order
complained of was beyond the au-
thority of the commission or in viola
ton of the rights of the carrier Sc
cured by the constitution"
Discussion Lasts an Hour
Discussions continued for an hour.
1t was analyzed to ascertain whether
under it's terms an order of the COM
111ic soil 70
layed in taking effect.
Attorney General Moody and other
lawyers pointed out that the discre-
tion of the committee is absolute.
Without specifically declaring against
restraining orders it makes it extreme
ly doubtful whether court would at
tempt to interfere with an order eX-
cept in the manner provided.
When the president asked whether
an amendment of that character would
be adopted by the senate the senators
present said they thought they could
promise twenty-nine Republican votes
for 1t, and there is little doubt that
practically the entire minority would
support it.
1t was agreed that the amendment
should be offered as soon as possible.
Senator Long had given notice that
he would address the senate on Monday
and therefore he was chosen to offer
the amendment and speak upon it.
viii Satisfy Every One
He will say that the amendment
meets the demands of those who have
opposed the pending bill on the ground
that, without a provision for judicial
review, the measure is unconstitution-
al, and that it is satisfactory to the
real friends of the bill
Others who participated in the con-
ference have pledged themselves to
support the amendment. They believe
that if it is shown that there is a
majority of the senate in favor of the
measure, as 1t is proposed to amend,
1t will be adopted practically by a full
vote of the senate.
HS0r