The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-03-10
RAILROAD NEWS.
Rate Bill Forces in the Senate
Badly Scattered.
Administration Leaders Making
Frantic Effort to Save Measure.
BOTH PARTIES SPLIT.
Senator Clapp Takes President
Roosevelt to Task.
Gossip and Matters of Interest
in Railroad Circles.
BOTH PARTIES SPLIT.

w ashington, March 10.-Frantic eff
forts are being made by the administra-
ton leaders in the senate on the rate
question to get their forces lined up
again and save the Hepburn bill from
beirg sfdetracked entirely. Senator Dol
liver has had another long conference
with Attorney General Moody on the
question raised by Senator Bailey Of
Texas, that congress had the authority
to prescribe the powers of the lower
FEDERAL courts so that they could not
grant interlocutory DEGREES or injunc-
tons against orders of the commission
Mr.. Moody is reported to have held that
congress could not so interfere with tn 2
courts, ana Dolliver came back and re-
pOIl6Q TO MS lieutenant, Senator Clam.
Inc split in the Democratic forces in
the senate on the Bailey court review
provision still continues, and little pro
gress was made in reconciling the radi-
cal Republicans to agree to any such
drastic action as limiting the Doyers of
the courts Senator Bailey was called
out of town yesterday by the serious
illness Of his father, which added to thu.
confusion on the rate issue in the SEN
alta
Well authenticated reports of a
stormy interview between Senators
Clapp and Deliver and the president
were circulated yesterday, which repre-
SCAAeCG AA4E SGildlOI from Minnesota as
taking Mr. Roosevelt to task for agree
ing to the amendment to the Hepburn
bill after he had assured them he would
not consent to any further change.
Now that the administration has con-
sented to court review amendment, It
IS experiencing the greatest difficulty
in finding some one who can draw it so
as to cover the ideas advocated by the
president and at the same time not lay
the whole bill open to being declared
ITnGOnSf ifTJfi0naf bV the
Half dozen senators are struggling
with the problem to so form a court
review provision that in case it alone
is declared unconstitutional the entire
law will not be wiped off the statute
books.
Senator Foraker has stated that he
agrees with Senator Bailey as to the
powers of congress to restrict the lower
federal courts in the matter of issuing
injunctions against orders of the inter
state commerce commission, but he
would never consent to any such at
tempt being made. He claimed that
there was an overwhelming sentiment
in the senate on this proposition, which
included the majority of both Demo
Gratis and Republicans, and if such q
course was taken it would result in de-
feating the whole rate proposition.
A bill reported by the late Senator
Hoar February. 1902. from the judi
ciary committee of the senate, was
cited today as a. precedent for limiting
the injunction powers Of the federal
courts. Senator Hoar's bill was aimed
to stop the practice of issuing injunc-
tons during labor troubles, and CON
tanned this provision; Nor shall any
restraining order or injunction be is
sued with relation to such labor
troubles"
Senator Spooner is again talked of as
being the only member Of the senate
who has kept out of the rough and
tumble scramble of the rate fight. who
is able to come forward with solution
of the present muddle. If the Hepburn
bill is sidetracked, as many believe it
Will be. Mr.. Spooner is looked to bring
forward the new measure that will be
adopted.