The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-11-23

railroad and an individual is practl-
callY the same as between other cltl-
zens. If this be true, they went on to
say. it is difficult TO understand when
one does a service for railway cor.
poratlon under a contract made IN good
faith and for an agreed consideration,
admittedly fair, the parties may not
anything but money. To hold other
wise, they urged, is TO deny the free
dom of contract to a particular class.
The rule as universally stated and un
held by the courts is:
''What the parties agreed shall con
stitute the payment, the law will ad-
Judge to be payment. 1t is competent
for parties TO designate by their con
tracts how and in what, payment may
payment can only be made IN money;
on the contrary, II may be made in
property or in services.
The inhibition. they added. against
charging greater or less OF different
compensation. relates alone to diff
ference in the established rate and
not to the manner of making payment
Rate Must Be Equitable.
The evil which the act. is intended to
remedy, 1T was urged. is that a rate
published should not mean one thing
TO one man and another thing to an
other and the law is intended TO make
IL plain that the published rate in fact
as we'll as form shall mean the same
thing TO all men. 1t would be imms ter
ial, therefore. in the accomplishment of
this end whether the rate should be
paid IN money or In actual services per-
formed. il the services were the eGuiya-
lent of the money The rule as pro
r,p1,p1a1 llu Tha tbo-- enid
would mean anomaly in the law, in that
corporations could do indirectly what
they are prohibited from doing directly
AS an illustration they said:
''We contract for a given advertise
ment for six months at 500. which is
forthwith paid. The publisher concur
rently herewith buys four 1000-mile
books. the price being 500. and the
price Just received for the advertise-
his mileage books. Whether, therefore.
the transaction is consummated in one
way or the other, the result is precisely
the same.
Not Intended as Suhterfuge.
II is not believed, the attorneys said.
that the commission intended either TO
restrict the right TO contract or pre-"
scribe the particular manner OF per-
'Ni hAiiS ''HLI1ItSs bub Du luc CDH-
trary, that the sole purpose OF the com.
mission is to scrut,rize contracts and
to see that they are not merely devices
or subterfuges TO evade the law,
The Interstate Commerce commission
dld not reply 10 the letter of Mr..
kretzinger and Mr. Field. which was
dated October ], and President McDoel
of the Monon road has issued orders to
the passenger department TO continue
making contracts with publishers of
newspapers and TO issue transporta ton
in payment for equivalent advertising.
| AS the Interstate Commerce commits
sion having made a ruling on the sab
iect, will likely adhere To il, the Monon
railroad will sooner or later be notified
to appear. and this will be the first step
toward construction by the Supreme
Court of the United States of the com
| mission S Interpretation of the new
railway rate bill. AS the publisher who
accepts transportation is also liable
under the law one who accepts
! transportation from the Monon may
| be also cited TO appear. IN order that
both parties TO the contract may have
the question of their amenability passed
upon al the same time.