The citizen-Republican. (Scotland, Bon Homme County, S.D.) 1???-19??, 1907-12-26

.E1E BgHl%%S
Washington. Dee. 2l.--It ~ now prac-
shortly be set on foot. to determine the
sscOnstitutionality OF one OF the most.
important provisions OF b new Inter
state m law--that giving the
making them common carriers.
The la% provides that interstate pipe
lines for transmission OF oil shall 10
,cOmmon carriers. that they shah pre-
pare and file tariffs OF rates, and that
they shall be subje~s to regulation ~
to heir rates and methods Just N
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 Gil
sion headquarters indicate that inde-
pendents, quite as much as b sand
ard interests. are displeased With It.
and there Is general DETERMINATION not
to submit to 1t until 1t shall have bees
tested. For a long time after the Law
became effective few pipeline compare
les filed tariffs, and none OF b con-
Germs In the m-id-continent and south
western fields have yet done 20. In
fact the Standard concerns have made
more concessions to b measure than
the independents.
Special Inquiey On.
Some months 6 Commissioner Lane
set about to Investigate the whoA pipe
AliAC SbludLlOA Will u VIEW 8IV Iskkl1lK
steps to enforce compliance. Special In
quiry was started to determine WheE0
the pipelines are and what ones have
fled tariffs: also to learn the ciTcum-
stances and conditions OF the business
and ascertain whether 1t Is practicable
to make pipe lines common carriers.
There has always been doubt whether
1t liz possible to pipe the oil OF differ
ent producers through n pipe, be-
cause OF the differences m QUALIFY and
the nacpSSftV of kapnin0 the nfnn I'm
as long as oil Is moving. Beyond tina
there are legal questions which ppar-
emily are going to he highest courts
very soon.
Some OF the pipe line owners decline
TO admit that congress has power to
make a common carrier OF hat which
Is not a common carrier. was not In
tended to be q 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
1t, secured no grant of special rights
other than We're involved In their own
ershfp of the right to lay the mains.
any but their own oil. The question is
whether congress has 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 thek oil t
somebody's else pipe lines.
Subterfuae by Standard.
AS has been brought out In Mtigatfens
heretofore, ON of the pipe ~lfnesAowned
by the Standard adopted the expedieut
of dividing their interstate pipe hines
at state lines, establishing a pumping
station and reservoir on the state Nne.
and so recognizing 9th their .c0rpo-
rate relations n their physical oper-
'ations as to put an end TO such a
thing as an interstate pipe line ship
ment. This was OF course simply q
subterfuge;. but there is some uncer-
tatnty as to its effectiveness.
Then there is the case of a pipe line
entirely within a state, handling OIL
for delivery to a railroads. tank Cars
10 De shipped to a point IN another
state. Does this max the pipe lire
a part of an interstate trade route, and
therefore subject to federal regulation?
Or, II OIL is delivered from one point
TO another within a state by pipe line,
ana there turned over to tank wagons
lor retail delivery into another state.
does that constitute an Interstate ar
rangement bringing the pipe line with
IN the law? There are various illustra-
lions or these n other difficult as
ment.
At n rate, the Oil and pipe line
people want the matter determined in
court. and 1T is stated thai steps are
likely soon to be taken to get cases
into court which will raise the various
questions and give opportunity for set
tlement.
RELIEF Is URGED
FOR UTE INDIANS
Washington, Dec. 2I-The secretary OF
the interior sent a communication to the
Senate recommending a provision In the
urgent deficiency appropriation hin for
the support of Ute Indians who are nov
Off 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.
BLIND BOAT DESIGNER