The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1906-03-15
Court Review of the
Hep burn Measure
Seems Ce ain

j orty Repa bIicarl:s
and ight ID en- g Gratis q ! 4
Favor the Plan
WAsHIS March g: g ael PEI s'
lief prevails and grows rongeE We
more Tie matter, IS consi Tered that
tie senate viii amende the Hepburn go
railroad rate bin by speci IDEALLY Pc,
yiSing5 fcr 4 court review Of the decls
sfons Il the interstate commerce com
mission. it is stated that 40 Republts
cans and. eight Democrats favor such
an amendment. Senator cullomi g
Illinois, who Is a estand.patte on y The
Hepburn BIN, Is said TO be very much
surprised to find 50 strong 9 seFus
.ment "a favor Of thus amending the
measure. IN fact It g said that s E'E \.
tor Dolllyer, Of Iowa who with Rep
,resentatiye Hepburn, Of the state.
framed the House bill is himself cons
sidering the advisabllity q preparing
an amendment for a court review. II
q stated that he believes this proyt
sion should be carefully drawn 50 g.
Is guarantee the railroads that pro
lection to which 4hey are generally
entitled under the Constitution and
vet not open the way to needless liti.
cation. He would make the United
states Circuit Courts the first tribu-
nal, with an appeal to the Supreme
Court a position which is contrary
to that Of Senator Bailey, Of Texas
who holds that Congress can with
draw the right to issue any restrain
| ing order or injunction with regard to
a rate from the courts subordinate 70
the Supreme court.
Senator TiIlman, Of South Caro-
lima, says that all the Democratic SEN
ators, except three, are in favor Of
the Bailey proposition. How the Re
publican Senators who favor the Hep
burn bill stand on this amendment Is
not known, but Senator Foraker, Of
Ohio, who is strongly opposed to the
Hepburn bill, and in fact to rate legts-
lation generally, is said to hold that
this power can be taken by Congress
from the lower courts.
In his recent speech on the railroad
rate bill Senator Lodge, Of Massachu'
sets, argued that there should be 9
provision in any legislation on the
subject for the punishment OF the Of
acers Of corporations who grant re-
bates or otherwise violate the proyi-
sions Of the interstate commerce law.
At present only the corporations and
not the individuals. are liable to pun.
tishment, Senator Tlllman saw sena-
tor Lodge to-day and suggested that
he frame such an amendment, and was
Informed that the Massachusetts was
now engaged in preparing one for in;
production.
Secretary TAFT May Accept.
AS has been stated in the Times, it
is more than likely that Secretary Of
War W. H. Taft will accept an ap-
potntmeht to the Supreme Court to
succeed Justice Henry B. Brown, who
win retire in the fall. The matter Is
not yet positively decided, Secretary
Taft having gone to New York to CON
suit his brothers about the matter. The
general oplnionls that he will accept,
but 1t is,likely that his decision will
be made public before Friday. The
President would like to appoint him,
and Secretary Tafts incllnations have
always ben toward the judicial posi-
ton. But, on account Of his intimate
connection with the goyernmenttof the
Philippines and the construction Of the
canal, he has not been able to con
vince himself that II Is his duty to
leave matters at the present time
even to accept SO congenial q position
as that 81 a seat on the Supreme
bench.
Should Secretary Taft not see bis
way clear to accept the appointment
\ there Is nothing thus far developed
that would indicate where Mr.. Roose
1 velts choice ia likely TO fall. II \
stated that he has given some consld
Grafton to the names Of United State
Circuit Judges Willis vandeyenteF, o
Cheyenne, Wyo. H. H, Lurton, 9
Nashville, Tenn. and Walter Il. San
born, Of st. Paul, Mimi JUICE J. \
Swayses, Of the Supreme Court q
New Jersey; Henry N. Hoyt, solicitol
general Of the United States, and
son Of tho late Gov Henry N. Hoyt
of Pennsylvania, and Judge Georgt
! fl,o,, ~ T,Sin,.yot.n oGi,,1vn ~ fha IIni