Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1906-07-16
RAILROADS BEGIN WAR
They will Make Legal Assault
on the New Railroad
Rate Law
THEY HOPE TO CONTROL SENATE
Effort Will be Made Not Only to Have
Supreme Court Declare Present Law
Invalid, But to Elect Men Who Will
be Fright" in. Next Senate - The
General News.

Washington, July 16--Some light has
been thrown on the meeting in Chicago
last week of the counsel for many
western railways to consider the legal
aspects of the new rate law. In Wash
ington are the headquarters OF the pub
Lefty bureau of the associated railways
of the country--associate for the pur-
pose of fighting against rate regulation.
Samuel Spencer, president of the
Southern Railway Company, is at the
head Of the association, and manages
the publicity program. The publicity
bureau is showing signs of unusual
life, and it is announced that 1T is to
continue its work. The presumption
was that this bureau would go out of
existence with the enactment of the
rate law, but it seems that there is still
important work to be done.
1t is said that the counsel, who have
been meeting in Chicago, are to decide
Illdl lUSS new ldW 10
and are to follow that decision with the
recommendation that it be contested
in the courts, While this contest is go
ing on, it is the purpose of the publici-
ty bureau to supplement the work by
the preparation of a series of articles
giving the grounds of the alleged un-
constitutionality and preparing the
public for the blow which the railways
believe is to fall upon the announce
ment of the supreme court decision.
War on Senators, Too.
This same publicity bureau is to
move also in the matter of endeavor-
ing to create sentiment in number
of states against certain United States
senator's who are friendly to the Roost.
welt policy, and who come up for re-
election next winter. Already it Is
said newspapers have been found in
all states where senatorial fights are
to be made which will publish the
series of articles regarding the uncon-
sstitutionality of the rate law, and fol-
low that with attacks upon the sena-
tors who are marked for slaughter.
The publicity bureau in Washington
seems to be well Informed regarding
the meeting of the railway lawyers
in Chicago last week. and to know
that these lawyers were to decide that
the law will not hold water and ought
unconstitutionality is found in the
clause giving rate making. power 10
the interstate commerce commission
under circumstances which it is claim
ed involve direct delegation of legisla-
tive authority. s.
The railroad attorneys say that if the
new law had directed the use Of ex-
plicit means of reaching a rate, as for,
instance, by Senator La Follette's sug
gestion of basing it upon the valuation
of railway property, it would be in
vulnerable. Instead of doing that,
however, the law delegates the entire
question of a rate to commission,
leaving it to exercise it's Judgment as
to what is fair rate. The railway
contention is that there should be no
room for the exercise of judgment, but
that the rate fixed should be mathe
matically correct and susceptible of
mathematical demonstration
Aim at Presidency.
The Judgment of the commission
as to what is fair rate involves the
exercise OF legislative discretion, say
the railway attorneys, and on his point
they hope to have the new law knocked
sky high.
Should this be accomplished, the.
railways of course understand that the
country will demand new law to take
the place of the old one, and so they
want to Elk" the senate in the mean
So to mo 1roc ,1r a ho
question comes up in that body again it
will be on a different basis from that
which is occupied in the session of con-
gress just adjourned. Roosevelt will
then be out of the White House and his
place filled, if the great corporate in
terests can have it So by some man
who is safe and sane" Without the
White House stimulus it will be diff
cult to create public sentiment and
with no public sentiment the senate
will be free to procrastinate as in the
past.
Commission Plans Test.
The law is to be tested, even should
the railways fail to take the initiative.
The interstate commerce commission
already have two complaints against
existing rates, and these are to be filed
formally with II as soon as the new law
is operative. At once the commission
will take up the question and after the
hearing will determine whether the old
rate is unjust. and If it is, name a new
one in it's stead This will offer We
hicle for a legal test with which rail-
ways will probably be satisfied. The
principal point is that that law is to be
tested promptly and such program
will be generally satisfactory. Under
the expedition clause, the appeal ought
to reach the supreme court in time to
be decided there within year from the
time the original decision of the COM
mission is rendered.
This is the scheme in a nutshell The
initial steps for legal test We're taken
at Chicago last week, probably without
the knowledge that the interstate COM
merce commission was itself preparing
to precipitate matters. The activity Of
the publicity bureau \ this city is an
other sign of what is coming. From all
Of which it appears that the fight for a
valid law is not yet ended
WEDDING SECRET FOR MONTHS.
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