Vernon County censor. [volume] (Viroqua, Wis.) 1865-1955, 1905-04-19
Railroad Committee
of Senate Still
Tied UP
Divided on Question
of Making Appeal
Stay Decision
One Side Would Re-
quire Roads to Get
Injunction
Madison. April Is.

Madison, April 10.
Only one point stands between the
contending clemens OF the senate com
mittee on railroads in their consider
alton of a railway commission bill
Rut that one point is the vital point oil
the whole contention between the two
sides of the controversy. This point
is as to whether the commission shall
have little power or large power.
The opposition members of the com
mittee and the railroads. 1t is sait, are
willing to accept an appointive COM
mission and yield all their contentious
as to the right OF the state to initiate
rates. IL in the last analysis their rail-
road attorneys shall have power to set
aside any rate which commission may
promulgate or any decision OF any ma
ture which the commission may make
by simply appealing from the decision.
The members of the committee. with
the exception of Senator Merton, have
virtually agreed upon an appointive
commission.
But the question as to what shall
GOuSAlEulG Il stay Az LAiE ABpAAI6~AOA ~
the rate promulgated by the commits
sion, is a point on which the senate
committee seems TO be widely divided.
The railroads have been contending
that a simple appeal from the decision
of the commission should prevent the
rates promulgated from going into eff
feet until finally determined in the
courts. They have proposed to make
a refund to the shipper in case the
court sustains the rate made by the
commission. On the other hand, the
administration members of the com
mittee contend that an Injunction
should be required for stay.
According to Senator Hatton, Sena-
tor HudnaI and other members Of the
committee, there has been no attempr
TO deny the right of appeal, but mem
bers of the administration forces say
thew do not care to see the bill made
absolutely ineffective in all its provis-
ons By allowing a simple appeal TO set
aside any and every decision which the
committee may make All that is re-
quired In making an appeal Is that the
attorney of the road, dissatisfied WITH
any rate the commission may make,
shall lille a complaint with the court.
II the appeal were to constitute stay,
then as soon as the complaint is filed
with the circuit court, the decision OF
the commission is set aside. and the
court has no control over the case
The railroads DO not need TO have a
prima facie case IL an appeal consti
tutes a stay. Their complaint need
not show a case of merit or an inius
tice. All it needs to be is an appeal
from the decision of the commission
and then being nothing bat an appea
it can be delayed indefinitely and post
poned from time to time until the
shipper, no matter how just may be
his cause. will be discouraged. finding
that he gets no immediate relief.
The administration members. in in
sisting that the stay should be by in
junction, claim that there Is no hard
ship upon the railroads In requiring
that they ask for an injunction. In
order to secure an injunction. the at
torney for the road must do more than
make out a complaint. He must have
a prima facie case. He must appear in
court and he must argue his case be
fore the Judge. And while. he IA MOI
required to 60 into the case as fully AZ
he must when the case is tried. he
must go far enough to convince the
judge that there Is some merit in the
case. Another advantage the shippe,
and the people have under the injunc
ton is that the court thea has com
nlete jurisdiction over the stay and
if at any time it becomes apparent to
The judge that the case Is being neces
sarily delayed he may serve notice up
on the railroad attorney that he must
either try the case or have the iniunc,
ton dissolved This would prevent
the long delay that would certainly de.
feat one Of the important ends OF rate
regulation. that of the protection OF
the consumer.
In all Of the conferences which have
been held. the administration forces
have hold out for a stay by Injunction
because the delays which would be
sure % follow under stay by appeal
the consumers who in the last analysis
pay the freight in the increased cost of
all articles would have no redress.
When the case is finally adiudicateo
and the findings of the commission
sustained by he court ana a refund OF
overcharges o. dered. the consumer will
receive no return. He has purchased
the goods and in the prices paid is in.
Guided the overcharge for freight To
refund TO him is impossible The ship.
per is entitled to a refund and the
administration intends he shall have ii
but they hold that there can be no
practical plan for refundiag TO the
consumer.
The charge that the administration
position is radical" said one of that
faction, cannot stand in the face u
the fact that the courts have held thai
the state has the right to fix railroad
rates and that it may act through a
commission. That the rates pfomul
gatel by the commission go into effec-