Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1906-11-29
COURTS TO DECIDE
The Question as to Whether Rail
roads May Give Transports
ton for Advertising.
PLANS FOR 4 TEST CASE
The MOnOn Road Believes the Conc
missions Ruling Wrong and
Makes Contracts with News
papers as Formerly.

Chicago, Nov. 23.-The supreme
court Of the United States is to be
asked to pass upon the question
whether a railroad company can Is
sue transportation in exchange for ad-
vertising in newspapers. A test case
is to be made In Illinois, or rather an
opportunity to be given to the inter-
state commerce commission to have
the courts pass upon their ruling that
nothing but money can be lawfully
received or accepted in pyament for
transportation.
Shortly after the new rate law went
into effect the question came before
the commission and that body 'decid-
ed that only money could be accepted
The justice Of this ruling was not seen
by the legal department Of the Monon
railroad and Mr.. George Kretzinger,
the general counsel, and Mr.. e. q
Field, the general solicitor, wrote to
the interstate commerce commission
and gave their construction of the
law backed by decisions 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 services
in transportation at the rate fixed by
the Monon's duly published tariff,
which in every instance was the ex-
act equivalent of the agreed price
for publication.
The law, they said, nowhere provides
that payment for transportation shall
be in money, and it must therefore
follow that the freedom Of contract
as between railroad and an individ-
ual is precisely the same as between
other citizens. II this is true, they
went on to say, 1t is difficult to un-
derstand when one does a service for
a railway corporation under con-
tract made in good faith and for an
agreed consideration, admittedly fair,
the the parties may not mutually slip
ulate for the payment In anything
but money. To hold otherwise, they
urged, is to deny the freedom Of con-
tract to a particular class.
The inhibition, they added, against
charging a greater or less or differ
emit compensation" relates alone to
a difference in the established rate"
and not to the manner Of making
payment.
1t Is not believed, the attorneys said,
that the commission intended either to
restrict the right to contract or pres
orIbe the particular manner Of per
forming contracts; but on the con-
trary that the sole purpose Of the
Is to scrutinise contracts
and to see that they are not merely
devices or subterfuges to evade the
law.
The interstate commerce commits
sion did not reply to the letter Of Mr..
Kretzinger and Mr. Field, which was
dated october 1, and President Nc
Dosl Of the Monon road has issued
orders to the passenger department
to continue making contracts with
publishers Of newspapers and to is
Iue transportation In payment for
equivalent advertising.
As the interstate commerce com
having made q ruling on the
Iuhjsct, WI liksly adhere TO IT. the
lgonon railroad win sooner or later
30 notified 70 appear, and this VIII
y the first step toward q construe-
don By the supreme court Of the
United States Of tie commissions In
depreciation Of the new railway rate
I'M. Az the Publisher who accepts
transportation Il also liable under
ne law, one who accepts Transports
ion from the Monon may be also
.itsd to appsar n order that both
,artias 70 the contract may have Tie
Iusstion Of the amenabiiliy passed
non a the sane tine.