The Topeka state journal., 1906-05-04

AGREE ON RATE BILL.
Senators Think They Have Fixed Up a
Satisfactory Amendment

A~~NNA-7~~N
Washington. May 4.-What amounts
practically to an agreement on the ex-
listing differences concerQing court fea-
lures Of the railway rate bill has been
reached by senate conferences extend
ing over the last week. and Senator AL
lison win offer an amendment confer
ring jurisdiction upon the circuit courts
to hear and determine suits brought
against the interstate commerce com
mission. The amendment will not sug-
gest to the court whether their Judicial
review shall be confined to constitu-
tionaI questions or whether it shall be
an inquiry into the Justness or reason
ableness of the rates fixed by the COM
mission.
Senator Long, who made the prin-
cipal legal argument for the house bill
and Senators Aldrich and Crane, the
leaders i'll the movement seeking an
amendment providing for broad court
review, expressed themselves today as
faVoring the amendment and both fac
tions are agreed that the compromise
is satisfactory to President Roosevelt.
Undoubtedly this means that obstacles
to the speedy passage of the measure
have been removed.
Whether the conservatives or the
radicals have won a victory is ques-
ton that is not disturbing either fac
ton. The agreement in measure. is
regarded as political It is believed
that now practically the Republican
strength of the senate viii be cast for
the bill, whereas, under the long con-
tinued estrangement it was considered
that it would require minority endorse
ment to pass the bill and the Demo-
cratic party would be in position to
take full credit for It.
Despite the attitude of Republican
senators not to discuss the subject of
victory or defeat, friends. of the house
bill, when charged with surrender to
the conservative forces in defense are
pointing to Senator Longs speech on
the bill In the speech the Kansas sen
ator said:
'I do not object to an amendment
authorizing suit to be brought against
the commission and conferring 5uris-
dietion on United States courts sitting
in equity to hear and determine any
such suit"
Long spoke for the friends of the bill
and they pointed out that the agree
ment now reached IS in exact accord
with the suggestion made by him. In
the same speech Senator Long quoted
Senator'S Lodge, Foraker and Knox
declaring that an amendment should
provide for a review by the courts,
Not only as to whether the rate is
eonhscatory but also as to whether it
is just and reasonable -
Friends Of the bill, in speeches in the
senate have contended throughout that
the house bill conferred jurisdiction up
on the courts but they opposed strenu-
ouSly any amendment which suggested
to the court that it should review the
action of the interstate commerce com
mission as TO the reasonableness or
business of the rate fixed. Opponents
of the bill without amendment asserted
that the courts should be given the
right of reviewing all questions in
Volved. Both factions now say that an
amendment comforting jurisdiction up
on the courts will be satisfactory The
forces has been eliminated.
The agreement does not take into
consideration the several pending
amendments providing for nOnsuspen-
sion Of the orders of the interstate COM
merce commission. Thus far pro-
vision of that character has not been
offered by any Republican senator. It
is known that several of the majority
that such an amendment would be con
stitutional but the agreement on the
court review feature, it is said pre-
cludes beyond the remotest possibility
the adoption of nonsuspension pro-
vision.
Under the agreement reached. in ac-
cordance to confer jurisdiction there
must be two amendments to the bill
bill. as it will be amended by the house
bill.
The bill provides that the rate fixed
by the commission shall remain in
force unless set aside or suspended by
a court of competent jurisdiction and
the agreement proposes to add these
words I'm suit brought against the
commission" It has the effect merely
! TO recognize the right of the carrier
to bring a suit against the interstate
commerce commission.
The other amendment will be in
section 16. The bill provides that
suits may be brought in any district
where the defendant carrier has it's
I principal operating Offices, and 1t is
! proposed to add these words: "And
jurisdiction to hear and determine
such suits Is hereby conferred on such
courts (circuit courts).
There are two correlated questions
4 that may be agreed on by the Repub-
lican factions. now that the court ra-
view feature is out of the way. If so
they will be made a part Of the Iegis-
4 lation. Both have a bearing on the
bringing of the suits. The first is a
proposition which would provide that
no writ of injunction or interlocutory
order shall be granted without first
giving five days notice to the adverse
any such preliminary order should be
/ considered and concurred in by at
least two judges presiding In the hear
! ing. at least one of whom should be
a judge of the circuit court of the
/ United States or of a court of justice.
Temperature Is Above 20.
A square flag equally divided be-
I a.