The Birmingham age-herald., 1908-12-09
RAILROAD HAS THE
 BEST END OF LAW
Has Two Chances 10 the Ship
 per'S One
So THINKS HITCHCOCK
Nebraska Representative Will Intro duce Bill to Amend Interstate Commerce Act-lndiana's
 Course Is Settled.

Washington, December s.-(Special.) Charging that the railroad company has two chances to win case under the interstate commerce law as it now stands, where the shipper has but one, Representative Hitchcock of Nebraska will introduce, at an early date, a bill to amend the act in an important re- spect.
 The necessity for the amendment was brought to MT. Hitchcock's attention by Edward P Smith, an Omaha lawyer, who has been before the interstate commerce commission recently to argue very important case. It involved the charges for storage and elevation of grain at Omaha, Council Bluffs, St. Joseph, Kansas City and other Missouri river terminals, which are great secon- diary grain terminals. The railroads make a charge for this service, which ultimately comes out of the shippers from the grains price.
 The case has been pending a long time, and was submitted after final hearing today.
 If I win this case in the commis- slon,' said MT. Smith, "the railroads cision to the courts. They will ask an injunction from some federal court to prevent enforcement of the commis- sion's order until they can review it. This means 8 long delay, and the chance that the court will find that the order is unreasonable; in this event the injunction will be made permanent and the relief we ask will be permanently enjoined"
 It has long been charged that this elevation charge is in the nature of rebate MT. Smith considers 1t uurea- sonabIe and indefensible. 'If, on the other hand" he continued, s'T lose my case, I have no appeal to the courts. There is nothing in the law which opens a way for me to go higher"
 Indiana's Course.
 Indiana's course at the next demo- cratic national convention Is settled, according to Representative Cox of the Third Indiana district. He says the Hoosier democrats will go to the con vention instructed for Governor Mar shall of Indiana, and,' adds MT. Cox, The will be a hard man to beat"
 Governor Marshall" said MT. Cox to- night, 'is an able, well-balanced man. In Indiana we have known that for long while and I confidently believe the country will awaken to the realization of it before he has been in the guber- material chair any great length of time He made magnificent fight in Indiana and his nomination four years hence would insure the state for the democratic ticket. There is but one view taken of the matter by Indiana democrats and that is that we will instruct our delegation for him."
 MT. Cox talks of Governor Marshall in much the same strain as the Texans and many other southern members of Congress regard Senator Culberson. A Texas congressman said today that if the situation four years hence is any thing like the conditions of today his state would instruct for the Texas sena- tor.
 Tt is, of course, too early to say anything definite now" he added. When the next convention meets a figure may loom up before it as Mr. Bryan did last July and there will be no contest Today, however, Senator Culberson is the logical nominee"