The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-02-13
CABINET WRANGLE
OVER RATE BILL
+
President Meanwhile Waits for
Light on Review Feature
Of Measure.
ROOSEVELT ANNOYED
AT PRESS STATEMENTS
He Has Not Yet Yielded, Nor Has
He Forced the Senate to
It's Knees.
By w. w, Jermane.

Washington, Feb. 13-President
Roosevelt is somewhat annoyed at the
inability of the American press, speak
ing broadly, to represent correctly his
the average citizen who depends upon
the press for information may be misled
unless he exercises a good deal of care
in his reading. One day an opposition
paper comes out with an article an
bouncing that the president has sur
sent to an amendment to the rate bill
giving the right of review by the courts
of the reasonableness of a rate fixed
by the commission. Perhaps On the
same day another newspaper, more
friendly to the administration, an
rendered but that he has issued an
ultimatum to the senate and has that
august body on its knees. Neither OF
these statements is true nor will it ever
be true during the rate controversy.
Chief Issue at Present.
The chief subject of rate interest at
present is. whether or not it will not be
wise to give the courts large author
ity over the acts Of the commission
On this question the president at pres
ent has no opinion. He is listening to
the advice of his cabinet and to the
arguments, pro and con, as offered by
members of the senate. Presently he
will make up his mind what to do, and
if it should be deemed wise to permit
the courts to exercise some power of re-
view as to the reasonableness of the
commissions orders. it win first be
clearly understood that the main pur-
pose of the legislation for which the
president has been contending so ear
nestly has not been defeated by that
permission.
The president will not oppose the
amendment Of the Hepburn bill by the
senate and is not certain that the bill
ought not to be amended.
Gepencs on ADVISERS.
If the president s cabinet advisers
suggest that the bill should provide
for large review power by the courts,
the president will aeceptzWhsat- they !
addresses he called for proper judicial
review, and the point now is to de-
termine just how far that review ought
to go. Various review amendments to
the Hepburn bill have been submitted
to him, but none Of them has yet been
The, president is simply waiting tc
mass Of advice he is receiving he feels
that ultimately there will come some
thing satisfactory.
ments, and so are his friends in the
senate. There must be substantial har
monv before any further steps are
taken.
Taft's View of Bill.
Secretary Taft holds that the Hep
burn bill is not a great advance upo1
the present interstate commerce law s.
far as rate regulation goes He believe
the courts, under it, would be at hbert.
to issue stay orders against any rate tn
commission might name, and that sue
orders would supersede the order of tn
commission and leave the old rate i
pf the case. Thus the commission woul
be as helpless as at present: The pres1
- dent is disposed to agree with Taft, bu
his attitude is not fixed. The questio
is one of abstruse legal technicalit1
and as he is not trained lawyer h
wants to be sure Of his way before goin
ahead. He is relying upon Taft, Roo
Moody and Knox.
He wants to get something IN tn
Hepburn bill which will cause the ne
rate to 90 Immediately into effect an
y. remain in effect while the litigation
under way. This is the only way b
which appeals by railways will not il
done to discourage litigation by tt
railways, and if the Hepburn bill is NJ
properly drawn in this respect he wan
it amended.
Plans for Remedies.
Several plans have been propose
One is to compel the railways to pa
cost of all appeals. Another is to co
lect the full rate charged and 81
aside in the custody of the courts tt
difference between the old rate and tt
new, this difference to be disposed
after final decision of the court
Another plan is to .penalize the ra
ways by a system Of costs which W:
IA increase as the length of the appe
continues. ..
The lawyers in the cabinet and
the senate who favor the president
plan are wrangling over these technic
legal points and meanwhile the pre-
dent is reserving his opinion and sa
ing that he will be ready to act as So
as his legal friends get together:
Conservative opinion now inclines
49, the belief that the Hepburn bill will
amended so as to give the judicial ]
view that is demanded by the railwa,
provided that review will sufficient
safeguard the vital elements in the bi