The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-05-15


that provision limiting the court review
to the authority OF the commission and
the constitutionality OF its acts and a pro-
vision limiting the issuance of interlocu-
tory injunctions. as far as was consti-
tutionally possible, would be acceptable to
you, provided it was decided not to try
10 pass the Hepburn bill substantially un-
changed. and you asked me to meet the
gentlemen named in conference. The con
and occurred on April Is 1t was full and
free 1t would be impossible to state all
hours but / think no false color is
given tic the conference by the following
statement:
Statement at the Conference.
Il informed the gentleman of my be-
lief that you desired, if the scope of the
court review were 10 De expresses IN Ine
law at all, that il should be limited to
the two subjects hereinbefore named;
that in such case the so-called Long
amendment was acceptable TO you; that
you would be glad TO see rigid limita-
ton on the issuance of interlocutory in
functions if such limitations were posi-
BILE; and l stated further that I would
not assume to agree 10 any form of Ian
guage whatever for you, but would sub
doubt whether in any event it would be
possible TO enact a provision entirely for
bidding interlocutory injunctons- l found
myself in entire accord with Senator
Bailey as to the rules of constitutional
| law applica BILE to the situation with the
exception of those relating to the power
! of congress TO forbid all introductory in
/ jupctions. upon which did not offer any
/ final opinion, only saying that Mr. Bal
| leys argument needed an answer. An
| attempt was then made TO adopt phrase
! ology which would effect the intention OF
| the two sections I made some notes upon
this branch Of the subject and at the close
/ OF the interview said to Senator Bailey
that would put my understanding of
| their views upon the question OF phrase
| ology in writing. and send it to him, and
! if IL met with approval submit it TO you
I ~ Ar11 f17n at n ar 0A
| annexed memorandum to Mr.. Bailey, in
closed in letter which read as follows:
Letter to MIR. Bailey.
April 16. 1soe-Ny Dear Senator: This
rough draft is as / understand your sug-
gestions OF yesterday. / think 1t quite
hRt t sIn1 TINS ss6 draft mght
stand you Very truly yours, oon
Joseph w. Bailey, Z. 8. Senate:
The draft referred TO is the one printed
| in last Saturdays record.
The conference among the Democratic
members of the senate then occurred, the
| press reports OF which indicate that there
| was not an entire agreement among them.
that the prospects OF an agreement among
| a large number of the Democratic sena-
tors was good. / heard nothing further
| from Senator Baileysu a later date.
| informed you Of what occurred at the in
| terview between the two senators and me,
and you told me that you had been in
/ that an agreement among the Democrats
| upon any amendment would be impossi-
/ BILE. The two senator's called upon me
| again on the 23d or oath of April. There
was some further talk about the form OF
the amendment. The suggestion was made
that il might be possible after voting
/ upon the provision forbidding all interlo-
] cutory injunctions, TO agree upon an
amendment which should include the
/ Long anne ment, and what is known as
the Overn / amendment. I then said
that in my opinion any amendment drawn
by any one representing the executive
branch of the government, even though
it were inspired from heaven. would not
be accepted without change by the SEN
ate; that that attitude was natural and
proper, and that, If the exact language OF
any amendment which could be adopted
should be agreed upon, IL ought TO be
drawn by the senators themselves.
suggested Senator Allison as a proper
person. for further conference. and the
there I remember hearing nothing more
OF il until I was Just about taking the
train for North Carolina on May l. wher
! / was informed by Mr. Tillman and Mr.
Chandler that you had approved another
amendment known as the Allison amend
ment There was nothing in the CONVEX
sation between the senators and me which
in any way bound you to any particular
| amendment or in the slightest degree i'm
paired your liberty at any time to acqui
esce in any amendment which you should
deem expedient and in the public inter
est. Very respectfully,
, (SignedD ". H MOODY, -
Attorney General.