Show SUGGESTION Of r R BONAPARTE Attorney General Genera Ge rl eral Comes to the Rescue of a Senate Committee SENDS LETTER TO ELKINS AMENDMENT TO RESOLUTION ON b THE RATE LAW LAWf J i f 1 I I 1 L April 10 Chairman Elkins I today to the attention of the sen senate senate ate committee ommittee on interstate commerce a aletter aletter aletter letter from Attorney General Bonaparte submitting an amendment to the resolution resolution resolution tion to suspend until Jan Tan I 1 1910 the pen penalties penalties penalties attached to the commodity clause ot of the railroad rate law The amendment Is Intended to protect the right of or rail ril railroads r lI roads and nd permit the government to test the constitutionality cor of the clause in ad advance advance vance lance of Its operation The suggestion of the tile attorney general follows In view of the fact that some differ difference difference difference ence of opinion seems to exist as to whether er any appropriate civil remedy exists to enforce the provisions of the commodity clause of the Hepburn act as the law now stands I venture to suggest that the resolution be amended by the fol lowing loning words Amendment Provided That nothing in this reso lution shall be construed to prevent the bringing of any civil suit or proceeding for the enforcement of said provision or prevention of violations thereof and that the e attorney ey general is hereby authorized 10 W o or cause to be 0 instituted In the name of or the United States and against C any persons or corporations failing falling to comply with said provision such civil suit s dt whether by application for us IS bill in equity for injunction or other effective remedy in the premises In any circuit court or the United States court having Jurisdiction In the premises to se secure securE cure the enforcement and observance of said Enid provision and the respective parties to any suit herein authorized to be com men d shall enjoy the right of appeal as In suits of like character when nhen instituted by the request of the Interstate com merce merce commission to compel the ance of the interstate commerce law |