The Birmingham age-herald., 1908-07-16
THOU SHALT NUT PASS" IS THELAW Chicago Judge Gives Decision
 in Newman Case TEST CASE FOR RAILROADS Right of Newspapers to Exchange Ad- vertislng for Transportation Is
 Decided to Be Against
 the Law.
TEST CASE FOR RAILROADS

Chicago, July Eff it be lawful to make the exchange of railroad trans- portation for advertising, then 1t would be lawful to do the same in every trans action, and the railroad business might lawfully become one of barter and sale, limited only by the demand"
 In a decision handed down today by Judge c. c. Kohlsaat in the United States circuit court from which the foregoing is quoted, the jurist enjoined the issuance of transportation by the Chicago, Indian to the purposes of Munsey's Magazine n exchange for advertising.
 The decision was rendered in a test case in which the federal authorities brought suit to prevent the carrying out of a contract entered into in January, 1907, between the railroad company and Frank A. Munsey & Co., providing for the issuance of trip tickets or mileage to the value of $500 In consideration of cer- tain advertising space in the publication of the magazine company. The contract was alleged to be a violation of the Hepburn law.
 In passing upon the matter of com pensation, the decision says:
 "As the question of the value of the advertising is a contested one, mani festly there can be no fixed price placed upon 1t. The number of copies issued the character of its subscribers and very many other questions enter into the esti- mate of it's worth It is therefore im- possible to say what its cash market value is except by Comparison with other advertising rates
 "It cannot be said that the evidence is conclusive or even convincing on this part. If it Is taken on its cash value, why should the transportation be lim- tied as specified in the contract? If the magazine is paying $500 to the defendant why does it accept transportation both of less and different value than 1t would accept if it bought it's tickets with money? It seems fair to conclude that either the advertising is of less than cash value or the advertisers are grossly imposed upon by the railroads"
 After citing several decisions rem dered in somewhat similar cases, Judge Kohlsaat says: Tt will be noted that the contract does not require that the advertising must have been furnished before the transp portation is given. There Is no restriction upon the adver- tiser to call for his railroad tickets only so far earned. In the mere matter of interest, the rate would be less and different from that which Is published.
 There Is no mstaking the trend of the law making and construing powers. Every new step is tending toward a most rigid enforcement of the rule that requires exact equality in the matter of rates. When by the Hepburn act the word different was added to the words greater or less it is not unfair to as- sume that Congress intended to make the law more explicit and more dif- ficult to evade. The plain intention is to close every avenue against discrim ination. Bearing this in mind, the courts have not and will not be dis posed to hesitate in giving significance to changes in the language of the stat utes as they occur from time to time. It Is essential to the spirit of the statute that the value of transporta ton be fixed and certain. In no other way can 1t be held to be exactly the same to all. If one person may pur- chase it with advertising another with labor, another with produce, the value of which Is a matter of agreement be- tween the parties, how can 1t be said the schedule rate Is always maintained? Would not the rate rest on the whim of the carrier? Such Is not the inten- tion of the law.
 Some claim is made that the govern ment's contention would exclude the use of checks and drafts and bills of exchange. This Is without weight. Ir practical business usage these instru- ments pass for cash. The action of the defendant is in accordance with the letter and spirit of the interstate commerce act"