The Kemper herald. (Scooba, Miss.) 1875-1908, 1907-07-11
AN IMPORTANT
POINT RAISED
ABOUT RAILROAD RATE Law
PASSED BY CONGRESS.
DATE LAW WENT IN EFFECT
Is of Vast Importance In Filing the
Claims. Holmes Jury Fails to Agree
and Mistrial is Entered. Peace in
Panama.

Washington.-The filing of COM
plants by lumbermen against the
railroads of the southeastern terrific
ry for tn, recovery Of advance charges
paid subsequent to court decisions de-
claring the increased rate illegal, has
brought into prominence the question
as to when the Railroad Rate Law ac-
tually took effect.
Although Congress intended that
the Rate Law should not become ef-
fective for sixty days after its pas
sage, that intention was not expressed
legislatively until after the Rate Law
had been passed and signed by the
President. Some good lawyers declare
that the Rate Law was actually In
effect several hours before the sixty
day postponement resolution became
law. They claim there was a lapse OF
several hours from the time the Pres
ident signed the Rate Bill until the
resolution was passed and signed.
=
For almost a year it has apparent
~ made little difference whether the
law went into effect on June 20 or
on Aug. %. For practical purposes
it made little difference so far as the
Commission was concerned. But now
it may be brought up officially and
formally for determination In the
near future as to just when the law
did 90 into effect. Even the minutes
and second figuring in the hour when
the Presidents s signature was at
taehed and the exact minute when
the resolution postponing the effec-
tiveness of the law for sixty days
was signed may become matters OF
moment.
This has been brought about by
the fact sthat the law provides among
other things, that claims for money
damage things, that claims for money
filed within one year after the ne"
law becomes effective. 1t so hap
pened that within a year after the
law was signed the Supreme Court OF
the United States handed down Its
decision affirming the order Of the
Commission in the Yellow Pine AS
sociation cases. That decision was
rendered on May 9th, 1907. Under
it the railroads have taken off the
2 cent advance in rates. They did
this 5on June 20. Immediately after
ward the lumber mill men of. the
South and the lumber shippers of that
part Of the country who had all beer
waiting for the Supreme Court de-
cision began to file claims before the
Commission for money damages IN
accordance with the ruling of the
Supreme Court. AThese claims arose
under the old law and must be filed
within year after the Rate Law
beeame, effective in order to be val
ids ~
In connection with the fling OF
these claims athe question has arls-
en- las to whether the new Rate Law
weat into effect June 20 or on Aug
2S of last year.
Ifit went into effort on Aug. 2S
1906, then the lumber mill repara-
ton claims that are now being flee
with the Commission against the rail
roads. are all valid and will be valld
up to. August % of the present year
But if, on the other hand, the rate
law went into effect on June 20, the
day that it was signed, then it is
matter for judicial determination a:
to whether the claims filed after june
20 are valid Realizing that the. ques
ton would probably be raised the
Interstate Commerce Commission OF
last Saturday placed the exact time
to the very minute, upon every com
plant and petition filed. On that day
and the preceding one more than lo'
Southern lumber companies filet
claims for reparation aggregatlns
over $1,000,0Oo.
Vacation of Naval officers.
4 Admiral Dewey is making arrange