The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-03-02
HEPBURN BILL TODE AMENDED.
~ iIODk ANN TIR 4 FtIHit
iVU lHIE tGREEHENF


V,sm,otuy. MARCH I whilr there has
Boon nv outward change In 'Ir disposition
~ mo r]uniculirg parties ~ the railway
t.,r question. enough ~ going on under
,ln .urficr ~ Indicate that Tho Hepburn
lIl roy rcnding In uc Senate. viii hc
rrtrrinDly amended In n manner rarity
t,sfrciory Nv thoer who arr lending the
,.r psitlon ~ NJ enactment, The amend.
= rrts for which tho way Ia leinR paved
v.l lo probably agreed 10 Nv tho radical
,urrnrirra ~ the measure, somewhat re-
,I,tantly. II ~ true, but with the knowledge
fIit tho changes proposed appear 10 he
I,erssary in order 10 prevent tho rate law
finn being overturned b. tho courts,
Most OF President Roosevelt's legal ad.
,scrs upon thia mnmcntotis question, in
Guiding inen in whose honesty ~ purpose
md loyalty e. himself he has tho utmost
confidence. hnye advised him fra 'llr that
~, Hepburn Till in its prrscr shape Ia
clearly unconstitutional II u no secret
tlat tho President would like IN nave this
measure placed on tho statute books with
To- change. 81 with orl" a few amendments
e a comparatively ur imrortunt character,
hut those who nrn in his confidence are
aware that he il Putty alive to the danger
Of siihjectinE tho proposed Inv 10 the close
s]crrtiny f tho Fcdnral Judiciary when
doubts have hecn raised by able lawyers
a. to it, corstitritioualitv. The President
he'd maiotf ired all along that II is sub
stance that he desi~cs, and there Il no
rason to doubt that no will be agreeable to
certain amendments which have been sug-
gested. rot that he il understood 10 favor
them or regard them az absolutely essential,
Int that ne thinks it wise to safeguard the
measure from the possibility Of "A judicial
reversal.
Certain Of the Presidents advisers who
ore the most ardent supporters of the
Hepburn bill have not taken kindly to
Senator SpoOner's proposed amendment,
providing in effect that whenever a rate
j. made by order of the Interstate Commerce
Commission, and any party to It appeals
10 a Federal court this new rate shall not
he enforced, but pending the legal adjust
ment the carrier involved shall pay int the
court an amount equal to the difference
bet ween the old rate and the new upon all
shipments affected. 1t is provided also
that should the court reverse the COM
missions order the money paid in by the
carrier shall be refunded to him, while in
the event Of n contrary decision the money
she'll be paid overto the shippers who have
teen paying the higher rate for the period
between the time the commissions order
went into effect and the time the court
sustained il.
There is much ground for belief, how
ever, that this amendment will be ultimately
accepted by the Presidents radical sup
Iorters and Incorporated into the bill. 1t
Is not likely that any such harmonious
agreement will be reached on Senator
knox's amendment, providing that a bond
should be given by the appellant carrier to
cover the cost Of overcharges to shippers
while the appeal is pending,
Another amendment designed TO lessen
tie danger of the judicial overthrow of a
late law on constitutional grounds will
also probably be adopted by mutual agree
Iont, with the approval Of the President.
This concerns that section of the Hepburn
bill which provides that a rate ordered by
the Interstate Commerce Commission
shall become effective in thirty days.
1t is rea lized even by some who want the
Hepburn bill to be passed by the Senate
without change that this clause infringes
very closely on the p~rerogative of the
courts to dispose in their own time Of cases
Of appeal to them from the rate-making
DEGREES of the commission. To say that the
rate shall become effective in thirty days
is virtually equivalent, it is conceded even
by Hepburn bill advocates, TO an attempt to
compel the courts to determine appeals
within that brief space of time. They are
convinced that the safer plan would lie to
amend the bill so as to provide that the
commission shall have authority to say
within what reasonable period the rate
shall be put into operation.
Nearly all the able la wyers of whom the
President has sought advice have urged
that a more liberal provision for a review
by the courts OF the Interstate Commerce
Commission orders he inserted in the bill,
and they have reason for a little encour-
agement, although they realize that the
President, the Interstate Commerce Com
mission and the radical rate bill advocates
are ~strenuously opposed to permitting UNI
restricted judicial review.
1t is conceded by some of these, how
ever, that the measure can be improved
from a legal standpoint by changing the
appeal provision so as to permit the
courts to pass upon the contention of car
rier or shipper or any other party to an
appeal that the commission exceeded its
authority in making the rate complained
of or invaded the constitutional rights of
the appellant in whole or In part. A strong
effort is being made to bring about a mutual
that the words "or legal shall
be inserted, 80 as to permit the courts to
Pass upon the question whether the legal
as well as the constitutional rights of the
appellant have been violated, but this is
apparently entirely Objectionable to the
Presidents supporters and is not likely to
be accepted by them, although hope has
not been abandoned that they will consent
10 the change, which would do much TO
pave the way for the enactment Of the
rate bill.
Senator Elkins's amendment, providing
that coal carrying railroads shall not com-
pete in the production and sale Of commodi-
ties hauled over their own lines by private
shippers, is acceptable to the rate bill advo-
Gates and will be Offered at the proper time
with their consent. These and the other
proposed changes which have been indi-
Gated are extremely likely to be made,
and altogether the outlook for n fairly