The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1906-09-05
NAY TEST RAILROAD RATE LAW.
1t Has Been Intimated to the su-
preme Court That the Railroads
May Attack the Recent Act OF
Congress.

Washington, Aug. 2s.-1t. has been
intimated to the United States Su-
preme Court that a test case Of the
railroad rate law will be submitted
in the spring Of next year, after the
adjournment Of Congress. This state
menr is made upon good authority
and despite the assertion that the
railroads of this country intend to
comply ct1eerfully with the provisions
of the Hepburn law ane net lnoulge
in captious opposition. Al the re-
cent meeting held in Atlantic City,
which was attended by counsel rep
resenting the leading railroad inter-
ests of the United States, it was
agreed that with a view Of lulling
the public into security and trustful-
ness it should be scattered broadcast
over the land that the railroads would
take their medicine as It had been
administered to them by Congress
during the session which ended June
80. 1906. Attention was called to the
fact tha. this legislation had been
drafted practically by the railroads
themselves and loopholes had design
edlv been left for future consider
alton and there would be no let-up
on the part Of the railroad interests
with a view Of testing the constitu-
tionality Of the statute enacted IN
Difference to public opinion. An un-
derstanding was reached that II
would not be wise to bring test case
before the United States Supreme
Court while Congress was IN session
this winter, but action # this kind
sbould be deferred Until after the 4th
of March, 1907, when the short ses-
sion of the Fifty-ninth Congress
would close. Meanwhile counsel for
the railroad corporations could give
their time ard attention TO me prep
a:s 1ion Of & test case ba5e1 upon ex-
perience derived from the effects Of
the railroad rate law which went into
effect today. This would give at least
six months for observations of the
practical workings Of the new law
and enable counsel for the railroads
to fortify and strengthen themselves
before going before the Court Of last
resort in this country. It will be re-
| called that the time the Hepburn
Act was placed upon the statute
books the comment was generally
made that it had been licked into
shape by friends of the great railroad
interests of the United States and
care had been taken to see that their
interests had been properly safeguar-
ded. Amendments were tackled on
and language changed with a view to
rauddling and perplexing the public
TO such an extent that it would take
Philadelphia lawyer to comprehend
what real benefit would be derived
from the new legislation.
Following out this line of cam
paign, attorneys for the leading rail-
road corporations of this country are
practically unanimous in the belief
that they have tangled up railroad
rates to such an extent that they Will
be justified in going before the United
States Supreme Court for a settle
| ment Of the many perplexing situa-
tions which they will foster with a
view of getting the best of the pub
lie. There is no question Of their
| ability to do this with the material
they now have on hand and which
they expect to increase before their
case is finally made up for submis-
! SION to the august tribunal which
meets in the Capitol at Washington.
No disposition was manifested to
have the proposed test case come be-
! fore the Supreme Court early in the
term which will begin October Sth,
1906, and it was pointtd out that if
such step was taken and a decision
rendered while Congress was in ses-
sion an opportunity would be given
for even more drastic legislation than
that which was the outcome Of
the recent agitation by the law
makers of the nation. Action must
be delayed by every possible means,
and a confiding public induced to
believe that the railroads were per-
fectly content with what had been
done by Congress and would grace
fully accept the inevitable result.
Consequently, a line Of policy in
keeping with this understanding was
carefully mapped out, and the widest
publicity scattered broadcast with a
! 1,;nu- 70 ;p1y oil u-ho roiOht