Albuquerque weekly citizen. (Albuquerque, N.M.) 1891-19??, 1906-09-15
WILL THEY ISSUE
PASSES FOR
ADVERTISING
Railway Counsel Still Undo.
Cldod In Regard to News
paper Contracts.

Tho Railway and fneinoorlnF re.
view Gays. One Of the points in shc
anicfainte commerce law. on which
railway attorneys dinef IS that rolai.
ing % the exchange or transportation
Tor advertising. This is naf IN any
sense itce transport alton" aud does
not come under Che prohibition Of
paago9. q d. also quite generally
tsfcei ihal ltH prohibiting CE
change uf q commodity Qr service for
anything excepi money, would MT
stand the test ef tAe coufla Most OF
she railways companies. however are
mot sJW conCcFnluE themselves with
questions OF Constliunnnality. They
are only ondcayornK fl ind out what
she saw meas wiih thp Intention 81
observing % IN letter and spirit
The clause ia question reads as FOL
low
~N1r shall ANY earlier charge or
demand OF collect Or receive a greater
90 tess OF dincr4nt compensation for
aHy such transportation uf passengers
W property or for any service ia CON.
nccilon herewith, between the points
named Ia such tagi1a. titan the rates,
fares aud charges which are specified
sn the tariff aled aud Ia eject AZ the
Nme
Il d hold by some attorneys that the
word different" a. used Ia this
riWiac relates 90 the kind OF compun-
nainn rather than tho amount ines-
much rs the amount Ia covered BY the
words greater or lea8" They. there.
fore. hold that All transportation must
aie paid for In money only. aud not in
I.HNuH aHaNIaH.
Interpretation d preposierous Tho OBJ
dcct 0f the law " ID prevent unjust
Discrimination. and the word differ
cnt" refers 90 amount Of cOmpenaa-
tion rather than kind. q Is interest.
AnE o. note that the strict construc-
elOniais OF this clause. have az the
same time advised their clients that
swtlin they may not contract In adj
vance for such exchange of cOmmOdi.
'dics. they may pay an existing or ca
fahliahcd claim, with transportation.
f'ur instance q CLAIM g0h damage 10
-qeraon or property may be satisfied
by transportation instead % money.
We believe that a candid lntefpre-
stltion uf this provision OF the Law Is
that the published tarins are 10 De
impartialiy adhered to. and that che
lawmakers have not intended % pro
hihit legitimate exchange. It d karu
lY probably that they would have I'm
pcrilcd tho law when u comes under
judicial Interpretation by putting In a
word which In no wise added 90 rs
strength 0r assisted On accomplishing
the real end % law.
some OF the large railway compa.
nies and sysioml have instructed /
dhclr officials 10 discontinue ail Issue
.of advertising transportation. except (
that existing legal contracts may De-
carried out 90 tho end 0f the year. I
thereafter ihOg wills pay for adger'
fiAnE only ln cash, and in caFe they
dcslre special service such as cores
lpnndonta aud others have heretpforu
rendered. lncy will pay Tor the aame
an cash Others have decided that
fhcY viii continue 10 pay FOR afvertla
eng either Id cash or transportation
RS they mag deem hoa but when q
Is paid ln transportation a VIII he
nnder definite contract. and cash bus
incsa. 10 q dimcult % see who would
have any reason Cor attacking thla
method of business 81 what hope he
could have OF success before the
courts some railway companies have
not yet decided Wkat lhelr courses
will &C.. hui viii doubtless DE indu /
cnoed more OF less ny the sciiou %
Othors
While tho prohibition OF passes anu |
thcr free transportation foes noe un- 1
der tue terms OF tne law take eject I
until she end OF the calendar year, the
lawyers have generally advised that
AS the prohibitions OF discrimination
in an i8 f0rma took oifect August 80. 4
the ISSUE of ail vaaaea after that date 1
akaWld be- aiopped % many eases also.
all outstanding lftsafa have been re
called and cancelled for the same 1
reasons