The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-05-09
AGREEMENT ON THE RATE BILL
OOMPROMTSg AMONG RBPUBLT.
CAN SENATOR'S rs RATIFIED.

HngOTU UI HvlDk NlO AAAhf w
Court Review ProVidOn-Tfllman Has
subs,i,ute for the EIlkins Amendment.
WASHINGTON, May a-The compromise
aiming the Senate Republicans upon the
dIsnuted points in the pending railway
rate regulation bill was formally ratified
to-day. thus absolutely insuring the passage
OF the bill. Even Senators Dolliver. Clapp
and Long. who we're dissatisfied with the
Agreement accepted by nearly all their
marty colleagues, have been placated and
will vote for the measure In spite OF their
contention that the so-oalled Allison amend
ment. which is tho basis Of h compro-
misc. proyides for the broadcast kind OF
court review, against which they have
strenuously contended. President hoose'
welt has concurred In the changes made
through the compromise.
The amendment to carry out the COM
promise was proposed In the Senate this
afternoon by Senator Cullom, one OK the
radicals who nave made their fight upon
the proposition to restrict the power OF
the Federal courts in reviewing rate FIX
ing orders of, tho Interstate .Commerce
Commission.
The amendment vesting Jurisdiction In
suits against the interstate Commerce Com.
mission In circuit courts Of the United States
which has been construed as comforting the
fullest authority upon these courts, to 70"
view the commissions orders, Ii the main
provision Of the agreement. OF the others,
most Of which are Of comparatively minor
character, and do not In any way modify
tho principle Of unrestricted judicial 70"
Wow, the main one makes It necessary Tor
three United States Circuit Judges to hear
and pass upon applications to suspend or
modify rates fixed by the Interstate Com
meroe Commission.
amendments that where the Hepburn bill
directs the commission to fix rates that IN
it's Judgment are just and reasonaple ana
fairly remunerative, the words fairly re-
munerative' shall be stricken out. and the
reasonable shall be retained. An effort
was made by some OF the conservatives
to nave the words Gin Its Judgment also
eliminated on the ground s that the ~ sen can1
stitutionalty Of the law,
one contention was that to grant the
commission authority to determine what
"tn it's Judgment were Just n reasonable
or annul the commissions orders. The
commission, it was argued, received by the
quoted words administrative authority, with
which the court could not interfere: On
Inc OtnoI nduu IL N1b CIV titS ShO -
Gin it's Judgment" delegated legislative
authority to the commission, and thus per-
mitted the courts to exercise that q 70
review and construe which It has over all
acts of Congress-. The ultimate agreemant
was reached to retain these words.
The compromise provides also that when
ever Circuit Judges grant SUSPENSION Or
ders' appeals shall be had only to the su-
preme Court OF the United states; ,,.,d.,-
able interest toi shippers and carriers
affected by the compromise. This taxes
the place Of that part OF the Hepburn Pill
which provides that any rate fxing order
shall 70 into effect thirty days after notice
to the carrier and shall remain In force
and be observed by the carrier In leu
Of these words the compromise proposes
to insert this:
All orders Of the commission except
orders for the payment OF money shall
take effect within Ruch reasonable time,
and shall continue in force for such period
Of time not exceeding two years, &c shall
be prescribed In the orders Oh the COM
mission
The amendment placing restrictions on
the manner In which courts may moolfy
or suspend the commissions order 10 as
follows:
Provided, that NJ injunction, inter
l~ocutory order or decree s~uspending or
restraining the enforcement OF an order
Of the commission shall be granted ex-
CoDC on nearing dlpST uOI iCoo OhoIA hNO |
days notice to the commission. An appeal
may be taken from any interlocutory order
or decree granting or continuing an IN
junction in any suit but shall De only TO
Provided further that the appeal must be
taken within thirty days from the entry OF
such order or decree, and it shall take preo-
edence In the Appellate Court over all
other causes except causes OF Ike char
aoter and criminal causes
After tha cOmDrOmieA was reached at a |
conference between all the Republican
Senators who have been prominent In the
rate bill fight except Mr.. Dolliver, an an
nouncement Of the agreement was made;
According to that announcement, the COM
i, promise arrangement Is called "the Allison
amendment the name by which President
Roosevelt christened the proposal vesting
authority over suits against the Interstate
Commerce Commission in the circuit courts.
!, This, however, is an erroneous designa-
ton for the reason that Senator Cullom
instead Of Senator Allison presented TO the
Senate the proposed changes IN the bill,
amendment, but half a dozen are involved. :
Under the compromise the limited judicial
review amendment proposed by Senator
Long in behalf Of the radicals Is aban-
doned. Az the Hepburn bill will ultimately
be enacted, for there is no reason to doubt
that the House will accept the changes in
volved in the Senate compromise. 1t will /
contain this provision, now construed !
generally as granting Inc COURTS INC IullesV
power to review rates fixed by the Inter-
state Commerce Commission, the amend
ments agreed upon In accordance with the
compromise being In brackets:
"The venue Of suits brought In any Of
against the oommission) to %enjoin, Get
aside. annul or suspend any order OF re-
ouirement Of the commission, shall be
in the district where the carrier against
whom such order or requirement nay
nave been made has its principal operating
Office land if the order or requirement has
been made against two or more carriers
then in the district where any one Of faid
carriers has its principal operating Office
and II the carrier has its PRINCIPAL operating
office In the District Of Columbia, then
the venue shall be in the district where
said CARRIER has it's principal office, and
jurisdiction to bear and determine such
votes lie hereby vested in such courte).s
The broad court review authorization
Is conferred In the concluding phraee,
aand Jurisdiction to hear and determine
such suits Is hereby vested in UGH courts
The predictions made last week at the
time the basis Of compromise was reached,
that the rate bill would probably be passed
- tha Qanata On "Wednesday ~ thia unak