The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1906-11-23
WILL TEST RATE
LAW IN COURTS
RAILROAD HOLDS 1T CAN ISSUE
TRANSPORTATION FOR Ao.
VERTISlNG.
COMMISSION SAYS NOT
But Attorneys Claim That Their
Decision is Wrong and Cite the
LaWs--Say Freedom OF
Contract Is Denied.

Chicago, Nov 22.-The supreme
court of the United States is 10 be
asked to pass upon the question as
10 whether a railroad can issue trans
portation in exchange for advertising
in newspapers. test case win be
made in Ilncis ar rather an oppar.
tunity viii be given the Interstate
Commerce Commission to nave the
courts pass upon their ruling that
nothing but money can lawfully be
received or accepted in payment for
transportation.
Shortly after the new law went in.
to effect, the question arose as to
whether or not a railroad could con.
Itinue to issue transportation for
newspaper advertising. 1t came be.
FIRE the commission and that body
decided that under the law only
money could be accepted. The Justice
of this ruling was not seen By the
legal department of the Monon rail.
road and the attorneys of the road
wrote the commission and gave their
construction of the law backed by
the decision Of the courts
They sad they had carefully con
sideted he law before the promulga.
tlon Of the rule and under their con.
stru.tion Ct the law had entered into
contracts In good faith with publish.
ers for the publication of time cards
etc, and in payment for such services
agreed TO pay d stated sum In trans.
portat!on at a rate fixed by the Mo.
mons duly published tariff. which in
every instance was exact. or equival
ent, Of the agreed price for publlca.
ton.
Freedom Of Contract Denied.
The law, they said. nowhere in It's
terms, provides that payment for
transportation shall be made in
money and II must therefore follow
that the freedom Of contract as be-
tween a railroad and an individual is
precisely the same as between other
If this be true, they went on to say,
Il Is difficult to understand when one
does service for a railway under |
con rast made in good faith and for
an agreed consideration, admittedly |
fair, that the parties may not mu-
ually stipuiate for payment in any.
hing but money. To hold otherwise |
hey urged, is TO deny freedom of |
2ontract 20 a particular class which |
S everywhere ia 'nted Is to every
,ther class. The attorneys cited
'Ourt' decisions to sustain their con
ention as to the rights of parties to
contracts, and also explained the
manner in which contracts are made
yit newspapers.
II is moi believed, the attofneys /
aid, the commission intend to either
estrict the right to contract or pre-
cribe the particular manner Of per
orming contracts; but on the con
iary that the sole purpose of Thea
ommissiOn Is to scrutinize con.
racts and see that they are not
merely devices or subterfuges 10 /.
wade the law which enioints like
ate to all. Not receiving a reply from
he commission the Monon entered
lto agreements with newspapers as
A. the commits. ion. having |,
lade the ruling on the subject, and I
Ill be quite likely 10 adhere to II. L
ne railroad will be summoned to
ppear. Thus VIII be taken the first
tep toward the decision Of the hign. 8
It court on this particular provision
the rate law. IL