Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-08-17
Of Railroad Attorneys at Atlantic
City
ARE NATURAL AND NECESSARY
And Were Suggested by Circular
From the Interstate Commerce
Commission.

This remark was In reply to statements
that have been widely circulated in some
newspapers to the effect that the railroad
attorneys at Atlantic City are holding
sessions for the purpose Of coming to an
understanding by which they may evade
the law. Continuing, Judge Clements said:
THE commission itself has urged upon
all of the railroads the necessity for prompt
preparation for compliance with the pro-
visions OF the new law as soon as 1t be-
vited them to appoint committees Of con-
ference among themselves and with the
commission, particularly in respect to the
preparation and publication Of tariffs and
the keeping of account books, etc.
Conferences Are Natural.
Naturally when the accountants and
traffic managers come together and confer
as to what will in this and that particular
be compliance with the new law many
contrary views arise that will require ad-
vice from the legal departments of the
roads. II the carriers were acting with
an eye single to complete and bona fide
compliance with the commands Of the law
the traffic managers would necessarily have
TO have recourse to their lawyers. 1t would
follow In turn that in order to permit uni
formity the lawyers would want to confer
among themselves. Whether or not there
be justification for the report that they
are comforting with view to defeating
the purposes Of the law l am. OF course.
wholly unadvised. ! would not assume
any such purpose as that. simply because
they are comforting, which, for the reasons
stated. would be perfectly reasonable and
natural and to be expected.
1T must be apparent to ALL including
even those railway men who in the past
have been inclined to regard the railways
as piece of private property to be dealt
without restraint. that the time has come
when what they do in their business, which
Involves the rights and interests Of the
public. must be an open book, SO that they
themselves. having rights involved, may
have the means of knowing whether or
not they are protected. and do not be-
lieve the well-advised railroad lawyers OF
the country will waste their time in at
tempting resistance to this well-settled pub
lie purpose for the future"
A Uniform Course Of Action.
To those who have followed the events
leading up to the conference of railroad
attorneys that has been In session at At
lantic City the fact that they should ut
tempt to secure uniform Interpretation
of the law by exactly that means has not
caused SURPRISE and railroad men them
selves complain bitterly that the fact Of
their meeting should be interpreted by
some newspapers as an evidence of q de-
sire to evade the law. They recite that
there are many questions as to the inter-
probation of the rate law over which hon
est man cannot help differing. and that 1t
would be impossible for attorneys of
roads to advise traffic managers on these
matters and secure uniform course OF
action. which would be absolutely neces-
sary in many instances II the law Is to
be carried into effect, without these con-
ferences. They state that the new com.
mission that Is to interpret the law win
not be organized until the 2Sth Of this
month, and If the questions that arise
should be taken to the commission in the
form of cases requiring the submission of
evidence 1t would take a couple of years
before judicial determination of them is
secured.
They point to the fact that a meeting Ct
attorneys OF the railroads was held at
Chicago in June. at which Mr.. Stubs of
the Hartman lines and Mr.. A. B. Stick
ney Of the Great Northern Railroad Com
pany were among those present. The
course of the debate on that occasion
turned to the possibility of getting an
understanding as to Just how the railroad
traffic men should proceed to comply with
the law along their several roads.
The Commissions Circular.
On July 25 the Interstate commerce COM
mission issued a circular calling attention
to some Of the provisions Of the new law
and requesting that the representative of
the railroads hold conferences In order to
secure uniform action.
1T Is manifest" the commission stated
that existing schedules must be changed
or amended to bring them into full COM
pliance with the provisions Of law above
SCI iortn. These changes or amendments
can be made most satisfactorily. and at the
same time with greater uniformity through
the prompt action and cooperation of all
carriers subject to the law. and to that end
such carriers, through special committees
or their representatives In traffic associa-
tons are requested to Immediately confer
and thereupon propose to the commission
such methods OF procedure respecting the
changes necessary to be made in tariff con-
structlon including the Simplification Of
present rules and regulations and Of excep-
lions to the application of specified rates
the definite statement of joint routes upon
which through rates are to apply, and ap-
propriate means of certainly indicating evil
dence OF concurrence in joint through rates
both TO the commission and to the public
while at the same time providing for plain
ly showing upon suitable schedules the
services and the various charges required
by the law TO be published and filed
The commission is of the opinion that
this duty should rest primarily with the
carriers themselves. In view of their liabil-
ity to forfeitures and penalties in cases of
failure to comply with the mandatory re-
qurements of the sixth section"
Recently. when sixty OF seventy traffic
managers went before the commission to
discuss these matters and to ask questions
as TO the Interpretation of many questions
in connection with the new law the three
members of the old commission told them
for the new commission that would pass
upon these matters with any authority.
and that the traffic men. with the advice
OF their attorneys. must endeavor to come
to conclusion about such matters.
Requirements of the Law.
1t Is stated that the law requires thirty
days notice before a change can be made
tn a schedule. and the trafic men want to
know what they should do in case a water
connection should change its rate with
only a few days notice. such change max
ing 1t necessary to change the railroad
through rate. The law makes the initial
carrier responsible for damages to freight.
The question has arisen whether ii Is re-
sponsible for the loss of a trunk. 1t per-
mits the giving of passes to ministers of
religion. The question has arisen as to
what constitutes a minister of religion.
man may not belong to any denomi-
nation and yet may devote a portion or
the whole OF his time to a propaganda
of religion. These are a few Of the many
questions that the traffic managers and
others will have to decide. and they have
gone to their lawyers for advice.
Considerable comment has been heard to
the effect that IL the assembly Of rail-
road attorneys at Atlantic City had deter
mined to hold their meetings with open
doors. so that their proceedings could be