The Bon Homme County independent. [volume] (Tabor, S.D.) 1904-1913, 1907-12-26

... - ...Ha.. ..h.E.NE4
Washington, Dec. 21.--It IL now prac-
,tically certain that q great lawsuit Will
shortly be set on foot. to determine b
Sonstitutionality OF one of the most
important provisions OF the new Inter-
state law-that giving h
commission power over pipelines and
making them common carriers.
The aw provides that interstate pipe
Tines for transmission OF oil shall be
common carriers, that they shall pre-
pare and file tariffs of rates. and that
they shall be subje-t to regulation az
&c their rates and methods. just as
other common carriers are.
This feature of the law was designed
TO take q twist at one of h most
potent tentacles Of the Standard Oil
company, but reports at he commits
sion headquarters indicate that inde-
pendents, quite as much as the Stand
ard interests, are d~ispleased with IT.,
and there is general determination not
to submit to 1t until 1t shall have been
tested. Fol- a long time after the law
became effective few pipeline compan-
les filed tariffs, and none OF the mn
Germs in the mid-continent and sortIs-
western fields have yet done so. In
fact the Standard concerns have made
more concessions to the measure than
he independents.
Special inquiry On.
Some months ago Commissioners Lane
set about to investigate the whole pipe
line situation with q view to taking
steps to enforce compliance. Special in
quiry was started to determine where
the pipelines are and what ones have
fled tariffs: also to learn the circum-
stances and conditions of the business
Inc ascertain whether II is practicable
to max pipe lines common carriers.
There a always been doubt whether
1t Is possible to pipe the oil Of differ
ent producers through one pipe, be-
cause Of the differences in quality and
the necessity of keeping h pipe full
as long as Oil Is moving. Beyond hat
there are legal questions which appar-
emily are going to the highest courts
very soon. '.
Some of the pipe line owners decline
to admit that congress a power to
make a common carrier of that which
Is not a common carrier. was not In
tended to be a common carrier, and
does not exist by virtue of any right
of eminent domain. They point to
the case of many companies which
bought their right of way and paid for
It, secured no grant of special rights
other thar were involved in their own
ership of the right to lay the mains,
and have never dreamed Of handling
any but their own oil. The question Is
whether congress a any power TO
make them common carriers. In many
cases nobody has ever suggested the
idea of transporting oil through the
pipes; not even since the law assumed
to make them available for public use.
Independent producers have repeatedly
explained that they preferred not to
take the chance Of trusting their OIL 10
somebody's else pipe lines.
Subterfuae by Standard.
AS has been brought out In litigations
heretofore. some Of the pipe lines owned
by the Standard adopted the e~xpedient
of dividing their Interstate pipe lines
at state lines. establishing a pumping
station and reservoir on the state lire.
n 80 recognizing both their corpO-
rate relations and their physical oper-
atoms as to put ar end to such q
thing as an Interstate pipe line ship
ment. This was OF course simply q
subterfuge; but there Is some uncer-
tainty as to it's effectiveness.
Then there is the case OF a pipe line
entirely within q state, handling oil
for delivery to a railroads tank cars
to be shipped to q point in another
state. Does this make the pipe line
a part Of an interstate trade route. and
therefore subject to federal regulation?
Or, IL Oil is delivered from one point
to another within a state by pipe ine,
n there turned over to tank wagons.
for retail delivery into another state.
'does that constitute an Interstate ar
rangement bringing the pipe line with
in h law? There are various illustra-
tons Of these and other difficult as
poets, which seem to require adjust.
ment. r,,"& Tx.
At any rate, the oil and pipe line
people want the matter determined in
court, n 1t Is stated that steps are
likely soon to be taken to get eases
into our which will raise the various
questions and give opportunity for set.
Element.
RELIEF IS URGED
FOR UTE INDIANS
Washington, Dec. 2.-Tne secretary or
the interior sent q communication to the
Senate recommending n provision In the
urgent deficiency appropriation bill Tor
the support Of Ute Indians who are now
of their reservations and In the vicinity
of the Cheyenne River agency. in South
Dakota. Authority to expend a portion
OF their tribal FUND to prevent want and
suffering among them is requested.