The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-02-22
STILL HAS THE VETO.
The President win Not Interfere With
Senate Action on Rate Bill


Washington. Feb. 22.-When the sen
ate committee on interstate commerce
meets on Friday, to vote on a rate bill
the announcement will be made authori-
tatively that President Roosevelt viii
not attempt to prevent amendment of
the Hepburn bill; that he will leave the
committee free to exercise its best judg-
ment and, If possible, compromise its
differences; that if a bill is reported
which does not meet his approval and in
that form is passed by congress he will
content himself to exercise his veto
power. This announcement will be made
as the result of a conference here be-
tween the most active persons support
Ing the house bill without amendment
but viii be delivered to the committee
by a senator who has supported an
amendment providing for judicial re-
view Of an order of the interstate COM
nerce commission.
The conference at the White House
is one of many that have been held
there in the last week for a discussion
of the railroad rate question. 1t was
attended by Senators DoIliyer and Clapp-
Speaker Cannon, Representative Hep
burn and Attorney Ges eral Moody.
They had under consideration an amend
rnent said TO have Hfeen drafted by Sen
ator Knox and revised by the attorney
general The draft in its revised forTnv
however. is said not to be satisfactory
of compromise and the president and
attorney general vented to know
whether 1t would be acceptable to the
members OF congress who are making
fight to prevent the adoption OF any
amendment which they believe would
interfere with the operation of the meas
ure they purpose to enact into law
Briefly stated the amendment aims TO
give to any complainant authority 10
file petition in a circuit court assert
ing that a rate fixed by the commission
was in reality unlawful and AUTHORIZES
the court to hear the suit TO OeclHe
whether the commission acted within
its authority and whether the const1tu-
tional rights of the plaintiff had been
violated.
AS they had previously announced
they would do, all those called into the
conference made a firm stand for the
Hepburn bill in its present form ana
said that none OF the amendments sug-
gested seemed to be an Improvement
They said that If the bill speclned the
conditions under which complaints could
he taken into court, the court might
refuse to take cognizance of matters not
specified in the bill. They said they
preferred to leave open every 1eatufe
upon which an aggrieved person might
desire to 90 into court. attorney Gen
eraI Moody, it is said, coRtended that the
Hepburn bill is constitutional and that
there is no danger of its being oVerturn-
ed by the United States supreme court
! He would not pass upon t1AS WiouOlAi u
amending the bill. taking the POSITION
that that is a function outside OF his Of
I fetal province.
After Senators Dolliver and Clapp re-
| turned to the capitol they told certain
! colleagues that they would go into the
| committee on Friday and make firm
| stand to have the bill reported without
! amendment. When asked concerning
| the attitude of the president they said
| that they believed he is satisfied with
! the bill as 1t stands but that 1t is too
much to say that he Is opposed - any
/ amendments whatever.
The president was described by them
/ as ready to consider any amendments
that might be offered and willing to
/ listen to any proposition up to the time
/ the hill is placed on its final passage.
/ They said that If anything should be
/ brought forward which in the opinion of
/ friends of the bill would better 1t and
/ not obstruct Its operation the president
would give it careful study.
/ Conservative members of the commit
/ tee assert they have the necessary votes
/ to amend the Hepburn bill If they are
1 left free TO exercise their Individual judg-
nent so that they will not be put in the
position of opposing the presidents pol
lev Under these conditions. it is said
that Senators EIlSins, Foraker, Crane,
Kean. Aldrich. Carmack, Foster and
McIaurin will vote for an amendment
providing for judicial review. Seven
/ votes is q majority of the committee
/ Senators Cullom and Carmack will not
/ he present when the committee meets
on Friday. but as Senator Cullom is ops
/ posed to amendment this VIII not affect
| the result.