The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-03-02
Wisconsin Senator Frames an
Amendment Intended in Way
Of Compromise.
HIS PLAN rs SAID
TO SUIT THE PRESIDENT
Check on Railroad Appeal to the
Courts Is Seen in New
Plan.
erecial to The journal.

EEeClal 10 1HS JoutHdl'
Chicago, March "a Washington
special to the Chicago Tribune says:
Whenever any great Legislative enter
prise reaches an acute stage it always is
Senator Spooner of Wisconsin who
comes to the front just in the nick of
time with an amendment designed to
adjust the views of all parties in such
way as to permit final action.
He has done this on the rate bill and
formulated at least one section OF an
amendment which meets the views Of
President Roosevelt as nearly as can be
understood and which is the most tan
gible step in the way of a compromise
yet token.
1t is admitted by all parties to the
fierce controversy now going on in the
senate that no matter whether there is
specific provision for a review by the
courts or not, the courts undoubtedly
will take jurisdiction under their con-
stituticnal authority and if they have
reason to believe certain rate fixed by
the interstate commerce commission is
confscatory of the property of the rail
road they will issue an injunction to
prevent its operation.
Result of Court Action.
IF after proper investigation the
court decides the commission was right,
II Will I6SIOle Ildt IdIe IL 1t uSClOS
the commission was wrong, the original
rate would stand, because no court pos
sesses legislative functions and can
merely decide upon the reasonableness
or unreasopsableness of any given a.
ton of the commission, which is itself
a part of the legislative branch of the
government. -
What the president and those who
are. closely supporting him in congress
desire is the passage of an amendment
which will minimize the effect of any
appeal to the courts. IF there is to BE-
any suspension Of the rate fixed by
the commission, whether that suspen
sion be the result of specific jurisdic
ton given by the bill or the genera
jurisdiction given by the constitution
it is most of all important that I h,
producer and the shipper should bt
as fully protected during the time TIL,
commissions rate is under suspension
The spooner Plan. ...,
Senator Spooner's idea is that when
ever rate is fixed by the commission
and suspended by the court the rail
road shall be required to pay into cour
in actual cash the amount Of the dill
ference between the two rates on ever
shipment carried over the road unit
final decision is reached. There wi
be no bond, and each shipper would b
entitled to go into court when the r.
suit is announced and get his none,
The fund in cash practically would b
a deposit in trust, to be paid over d
rect in the contingency that the deci
ion is favorable to the shipper.
This Spooner amendment would pr
vent litigation betNeen the railroad
and individual shippers; Furthermore,
would render All appeal to the cou
more or less bEtdensome to the raj
roads, because of the necessity Of ma
ing these cash deposits, which are
correspond with every individual shi
mcnt during the period of the suspe
sion of the rate. The, result would b
it is hoped, that the railroads would n
so often ask for an injunction, al
would generally seek to expedite inste;
of delay the final decision, because the
own real money would be tied up {
the time.
Endorsed by President.
In view of the certainty that Il
courts will exercise the right of iniu
ton, whatever form the railway ia
bill finally may take, President Roos
welt has explained to his compression
callers that he believes the Spooner b
to be, as he sees it at present, desirab
altho possibly not a necessary additi
to the Hepburn bill as it passed t
house.