The Washington herald., 1907-09-03

When the Interstate Commerce Com
mission assemblies for lts fall meeting
late in September, it will be called upon
to settle one Of the most interesting
claims for reparation, in fact a series Of
claims, ever presented to it for consid-
Grafton.
The amount involved is nearly three
million dollars. and the number of claim
ants is in excess Of three hundred, most
of them located in the South. and Middle
West. A few years ago Southern ship
pers filed with the commission a petit
ton in which the complaint was made
that the advance by Southern roads OF
> cents per thousand feet on yellow pine
lumber was unjust and unreasonable.
In its decision the commission SUSTAINED
the contention OF the Southern shippers.
The railroads took the case into the
courts and lost when the United States
Supreme Court in May last, issued a de-
cree unfolding the order of the Inter-
state Commerce Commission. Now the
shippers have fled claims for reparatlon
in the sums representing the difference
between the old rate and and advance
of two cents per 1000 feet.
Louisville and Nashville TO Fight.
Il is understood that the Southern
roads, with the exception Of the Louis
vile and Nashville, are not inclined 20
fight the claims of the shippers who are
demanding reparation. The L. & n. it is
said. will contend before the commission
that the claimant shippers are not in
equity entitled to reparation despite the
decision OF the Supreme Court Its rep
resentatlves contend that the shippers OF
yellow pine increased the cost Of their
product 90 consumers 70 correspond with
the increased transportation charges. If
anybody was injured, the railroad alleges,
II was the consumer.
Is the carrier 10 lee compelled TO pay the
shipper. when it is known for a certainty
that the increased cost OF yellow pine
charged the consumer on account OF the
increased freight rates. viii not be paid
70 the latter? This point is an unusually
interesting one and VIII have due con-
sderation by the commission when #
comes to decide the PREPARATION claims
fled IN connection with what are known
as the yellow pine cases"
Lane 40 Probe Relating,
An exhaustive inquiry into charges, in
which it is alleged that railroads in the
Middle and Far West have been guilty OF
paying rebates 10 favored shippers. Is
about 10 De completed by officials repre-
ing the Interstate Commerce Commission.
Franklin K. Lane, member Of the
uni i'm Mill ~
cago, where he will confer with those who
have been investigating these alleged VIC
lations Of the Elkins anti-rebate act and
Section ? OF the railway rate law.
Just what roads are involved or the ex-
tent Of the supposed illegal practices can
not be learned. All that Commissioner
Lane could be induced TO say on the sub
jeCt yesterday was that charges Of rebate
paying had been made against certain
roads In the West and that they had
been made the subject Of Investigation.
Many Cases Under New Rate Law.
Commissioner Lane viii go as far West
as the Pacific Coast on this journey. It
is his purpose to look into the operations
Of the rate act. which is little more than
a year old. He will report to the com
mission, and the data he collects will be
incorporated in the commissions annual
report
The Hepburn rate act became effective
August q 1906. During the year that has
elapsed since that date nearly 400 formal
complaints of alleged violation OF the
law on the part Of the railroads have
been filed. Nearly ninety orders have
been made. In several Instances the rate
making power conferred upon the COM
mission has been invoked. IL is expected
that the constituti0nality Of this feature
Of the act will be passed upon by the
United States Supreme Court during the
coming year.