The gold leaf. [volume] (Henderson, N.C.) 1881-1911, 1907-01-24
The Exchange of Advertising for
Transportation.
Concord Times.

Under a recent ruling Of the Inter-
state Commerce Commission, con-
STRUNG the new rate law, the right
has been taken from the newspapers
and the railroads to make contracts
| with each other for the exchange of
advertising on the part Of one for
transportation on the part of the
other. Many we'll informed lawyers
are OF the opinion that the new law
| admits of no such construction, or
that such construction was never
contemplated by it's trainers, and
several of the railroads, the Monon
particularly, have announced that
they will continue to make contracts
with newspapers as usual, aud have
! made up test case for the courts.
1t is yet to be seen whether the
United States Supreme Court will
sustain the Commission, but it is not
believed that it will do so. The rule,
as heretofore upheld and stated by
the various courts, is as follows:
What the parties agreed shall
constitute the payment, the law will
| adludge to be the payment. 1t is
competent for parties to designate
by their contracts how and in what
payment may be made. 1t is by no
means true that payment can be
only made in money; on the contrary,
1t may be made in property or in
services "The inhibition.o they
added, against charging greater
or less or differentt compensate H."
relates alone to difference in the
I 'established rate" and not to the
manner OF making payment.
There have already been intro
| duced in both the United Safes Sen
| ate and the House OF Representa-
| tlves bills to allow such an exchange
OF business between the nswspapers
and the railroads to apply in case
the construction of the present law
Is upheld by the Supreme Court.
! The newspaper people do not ask
for any special favors-let there be
no misunderstanding here. They
only demand the right of contract,
| which seems to have been taken
from them. They have space to sell.
and the railroads have transporta.
ton to sell. The Newspaper man
wants transportation, and railroads
want advertising. If they are viii
ing to exchange commodities on a
basis satisfactory to both, it is but
Just that they be permitted to do so.
How is any one else harmed or af-
tected III any way deterimentally?
Inc construction OF the law, errone-
ously, we think, is an infringement
OF the right OF contract, and this is
one OF the fundamental principles OF
law and liberty.
! vi course the above ruling refers
only to Interstate transportation.
This cannot affect contracts which
refer to transportation within the
bounds OF each State. However.
there has recently been introduced
IN our State Legislature. in the Sen.
ate by Mr.. Graham and in the House
by Mr.. Justice, bills which are de.
signed to accomplish the same Dur
pose as the federal law. The same
argument, OF course, applies. The
newspapers do not want free passes.
but they do want the right to sell
their advertising space to the rail
roads and take transportation in
exchange therefor on such terms AS
they may agree upon. This is al
there 3 in it, and we appeal to any
iair-minded man. interested or dis
iterested, as to the justice of this
, position.
We cannot believe that the mem
bers OF the Legislature will endorse
this proposition to deprive the news
: papers OF the right to make con
J. tracts with the railroads for trans
: portatioh. The righs should be con
ceoeo them, as it is under the present
e law, to make their own contract,
8 without interference from any souree
b The law in this State as it stand
e at present was recommended by th
;. North Carolina Press Associatio,
s and passed the Legislature of 100;
by unanimous vote.