Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-05-04
REACH A COMP PROMISE
Republican Senators Practical
ly Agree on Rate Bill.
COURT REVIEW PROVIDED
Limits of Findings Not Stated in
Amendment in View.
A POLITICAL MANEUvER
POLITICAL MANEUvER
Believed That Virtually the Entire
Strength Of the Majority Will
Be Behind the Measure.

What amounts practically to an agree
mont on the existing differences concern
ing court features of the railroad rate
bill has been reached by Senate confer
ences extending over the last week and
Senator Allison will offer an amendment
comforting Jurisdiction upon the circuit
courts TO hear and determine suits
brought against the interstate commerce
commission The amendment will not
suggest to the courts whether their judi
cial review shall be confined to constitu-
tioDal questions or whether it shall be an
Inquiry into the business or reasonable
ness of the rates fixed by the commission.
Senator Long. who made the principal
legal argument for the House bill, and
Senators Aldrich and Crane, the leaders
in the movement seeking an amendment
providing for a broad court review. ex-
pressed themselves today as favoring the
amendment, and both factions 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.
A Political Vancouver.
Whether the conservatives or the radicals
have won a victory is question that is not
disturbing either faction. The agreement
in a measure is regarded as political. 1t
is believed that now practically the entire
republican strength of the Senate will be
cast for the bill, whereas under the long
continued estrangement 1t was conceded that
1t would require minority Endorsement to
pass the bill. and the democratic party
would be in position to take full credit
fer it
Despite the attitude of republican sena-
tors 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 that speech
the Kansas senator said: 81 do not object
to an amendment authorizing suit to be
brought against the commission and con-
ferring jurisdiction on the United States
court sitting In equity to hear and deter
mine any such suit" 1t was stated today
that Senator Long spoke for the friends of
the bill, and they pointed out that the
agreement now reached is in exact accord
with the suggestion made by him. In the
same speech Senator Long quoted Senators
Lodge Foraker and Knox, declaring that
an amendment should provide for a review
by the courts, mot only as to whether the
rate is confiscatory, but also as to- whether
it is just and reasonable"
Friends of the bill In speeches In the Sem
ate have cOntended throughout that the
House bill conferred jurisdiction upon the
courts, but they opposed strenuously any
amendment which suggested to the court
that 1t should review the action of the in
terstate commerce commission 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 confirming jurisdiction upon
the courts will be satisfactory. The thin
wavering line dividing the two forces has
been eliminated.
Nature of Review Not Specified.
The agreement does not take into consid-
GRAFTON the several pending amendments
providing for non-suspension of the orders
of the interstate commerce commission
Thus far provision of that character has
not been offered by any republican sena-
tor. 1t is known that several of the ma
jOrity senators believe with Senator Bailey
that such an amendment would be consti-
tutlOnal, but the agreement on the court
revise feature, it is said, precludes beyond
the remotest possibility the adoption of a
non-suspensiOn provision
Under the agreement reached. in order
TO confer jurisdiction there must be two
amendments to the bill. The first is to
section - of the Elkins bill, as it will be
amended by the House bill The bill pro-
vides that the rate fixed by the commits
sion shall remain in force unless set aside
or suspended by a court of competent jul
risdiction," and the agreement proposes to
add these words: In suit brought
against the commission"
II 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 TO section 10 The
bin provides that suits may be brought in
any district where the defendant carrier
has its principal operating Office" and 1t Is
proposed 10 add these words: And juris-
dictiOn to hear a I'D determine such suits is
hereby conferred on such courts Circuit
courtsJ.
Two Correlated Questions.
There are two correlated questions that
may be agreed upon by the republican fac
tons. now that the court review feature is
out Of the way. II so, they will be made
a part Of the legislation. Both have a bear
ing on the bringing of suits. The first Is a
proposition which would provide that 10
writ of injunction or introductory order
shall be granted without first giving five
days notice TO the adverse party. The 9TH
er would require that any such preliminary
order should be considered and concurred
in by at least two Judges presiding in the
hearing: at least one of them should be
Judge of the circuit court of the United
Of