The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-04-14
CASE AGAINST COAL CARRIERS
A Great Deal of Comment Followed
the Courts Decision

! Washington, April 13.-Speaker Cannons
of the New York Merchants Association
to the Interstate Commerce Commission
for postponement OF the hearing on
port differentials, set for the 9th OF April,
may clear the way for an early reopening
of the case against the coal-carryin COM
panies which was temporarily suspended
to await the decision of the supreme court
OF the question whether the companies
must produce copies OF the contracts in
controversy. The commission Will take
advantage of the decision in IFS favor to
reopen the case. enforce it's demand, and
give both sides an opportunity to produce
further testimony II deemed essential.
But whether it will be physically able
10 do so at this particular time depends
upon several conditions The decision was
not looked for so soon, and in the uncer-
tainty the commission has gone ahead ar
ranging its spring programme. There was
a hearing at Cincinnati OF Wednesday;
one is set for Atlanta on the 18th; an
other for New Orleans on the 14th; and
! an exertmely important case, involving
the rates on live stock from the south
west to Chicago and other markets. will
be heard at Fort Worth, Text on the
20th. Just how long the Fort Worth
hearing will take cannot be forecast; and
1 on the 9Th day of May a hearing at Mem
phis on the round-bale cotton question.
Although the fun commission will not
make the entire circuit outlined here.
but viii divide up in some instances, it
myst in any event have breathing spells
between the hearings. especially of cases
g.
not be. heard satisfactorily, considered,
and the findings made up in great fur-
~, and subject 10 the Interruptions and
Inconvenience of travel.
Even if the coal-roads case is Teopened
on the 9th of April. it will take some
time after the last of the testimony is in
TO have the stenogra piers notes trans
cribed and the case prepared for the study
Of the attorneys who will make the final
arguments; so that it may be out of the
question, with the other work on its
hands, for the commission to fix a time
for the oral argument before the summer
recess.
4 good many commentaries on the de-
/ cision of the supreme court seemed to be
based upon the theory that the commits
sion does not know what these contracts
in controversy mean. AS was stated in
/ this controversy at the time the question
arose. the commission had seen one OF
these contracts, which is of a place with
all the others. But of course II could not
know the contents Of the contracts Off
cially without having them introduced in
evidence, and if il had endeavored to get
around this difficulty by having a sworn
copy of contract produced from some
source that would not satisfy a court
beyond all question Of its authenticity. il
might have been ruled out as incompe-
tent. That phase of the question was dis
posed Of by the recent decision which
will enable the commission to compel the
production of the contracts by the prin-
cipal parties to them. The decision will
be of great value generally to the com
missions future work. in the moral not
less than the legal sense; and the credit
which is claimed in one quarter for Mr..
Hearst and in another for the administra-
ton belongs in a large measure TO the
commission itself which staked its pres
tige on the outcome OF a fight in which
many able lawyers insisted 1t would be
beaten