Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1906-11-23
WILL TEST RIGHT
Monon Road Makes Contracts
With Newspapers on Form
er Terms.
EXCHANGES TRANSPORTATION
Will Give Opportunity to Decide Much
Discussed Subject Through Su-
preme Court.

Chicago. Nov. 23.- The supreme
court of the United States is TO be ask
ed to pass upon the question of wheth-
er a railroad can issue transportation
in exchange for advertising in news
papers. A test case will be made in IL
linois. or rather an opportunity will be
given the interstate commerce commits
sion to have the courts pass upon their
ruling that nothing but money can be
lawfully received or accepted in pay
ment for transportation.
Gave an Opinion.
Shortly after the new rate law went
into effect the question arose as to
whether a railroad could continue to
issue transportation for newspaper ad-
vertising. 1t came before the commits
sion and that body decided that under
the law only money could be accepted
The injustice of this ruling was seen
by the legal department of the Monon
railroad. and the attorneys of the road
wrote the commission and gave their
construction of the law backed by de-
cisions of the courts.
They said they had carefully consid-
cred the law before the PRONUNCIATION
of the rule and under their construc
ton of the law had entered into con-
tracts in good faith with publishers for
the publication of time cards. etc. and
for the payment of such service agreed
to pay a stated sum in transportation
at fixed rate by the Monon's duly pub !
lished tariff. which in every instance !
was the exact equivalent of the agreed |
price for publication.
Not Specifically Mentioned.
The law, they said. nowhere in terms !
provides that payment for transporta- |
ton shall be made in money, and it |
must therefore follow that freedom of /
contract as between railroad and an |
individual is precisely the same as be |
tween other citizens. If this be true, !
they went on to say, il is difficult 10 |
when one does a service +,
for a railway under contract made in
good faith and for an agreed considera- /
ton, admittedly fair. that the parties |
may not mutually stipuate for pay
ment in anything but money To hold
otherwise, they urged. is to deny free
dom of contract TO a particular class
which is everywhere extended as to
every other class. The attorneys cited
the courts decisions to sustain their
as to the rights of parties
% contracts and also explained the
manner in which contracts are made
with newspapers.
Merely to Avoid Subterfuges.
1t is not believed, the attorneys said
he commission intended to either re-
strict the right to contract or prescribe
he particular manner of performing
contracts; but, on the contrary, the
sole purpose of the commission is to
'crutinize contracts and to see that they
ire not merely devices or subterfuges
o evade the law which enjoins a like
ate to all. Not receiving a reply from
he commission. the Monon entered
nto contracts with newspapers as for
nerly. AS the commission, having
made the ruling on the subject. will be
Iuite likely to adhere to it. the rail
Dads will probably be summoned to
ppear. Thus will be taken the first
tep toward decision by the highest
ourt on this particular provision of
he rate law.