The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-10-08
RAILROADS IN COURT.
Be Decided Whether or Not Hartman
Shall Answer Questions.

Sndll ANSWER SIueslOuS.
That the railroads of the. country
will occupy much of the attention of
the supreme court of the United
States during the term of 1908 and
1909, which will begin in Washington
next week. is evidenced by the docket
of the court so far as it has been
prepared. AS usual. the court will
first hear arguments on cases which
have been advanced on account of
their especial importance as related to
the public welfare, and large per-
centage of the assigned cases deal
with questions affecting the railroad
interests in one way or another.
Probably the case to attract most
popular interest will prove to be that
of the Interstate Commerce commits
sion against Edward H. Hartman,
president of the Union Pacific COM
pany. This case involves the right of
the commission to PROFOUND certain
questions to Mr.. Hartman relative to
his purchase of stock of other COM
panies, and it's decision is expected
to go far toward defining the scope of
the commission in obtaining informa-
ton regarding the business transac-
lions of interstate carriers. II the
court should decide that Mr. Harri-
man can be compelled to reply to
such questions as were propounded
to him regarding the matters in ques-
ton, the commission will in the
future have little trouble in getting at
the essential facts regarding any rail-
road consoltdationyor purchase, but IL
the decision should be IN the negative,
it is probable that1fufther legislation
will be undertaken.
Among the other railroad cases in
voiving the Interstate Commerce law
are several touching the right of rail-
road companies to grant rebates. One
of these is the famous proceeding
against the New York Central rail-
road, which was fined $10S,000 on the
charge of granting rebates to the
American Sugar Refining company,
and another against the same road to
which is not the initiatory carrier for
rebates granted on shipments made
partially over its line. There is also
a rebate case against the Chicago &
Alton company, which is expected to
determine the question as to what
constitutes terminal facilities and the
right of railroad company under
the law to grant a rebate to shippers
who supply them.
Kindred to the railroad cases are a
number against express companies,
instituted by the government for the
purpose of determining their right un-
der the interstate commerce law to
issue franks. The government con-
tended in these cases that the
issuance of a frank by an express
company was contrary to the law
prohibiting the granting of passes,
and the lower courts sustained this
contention The express companies
will ask the supreme court to reverse
the finding.
There also are cases coming both
from Illinois and West Virginia, in
volving authority of the Interstate
Commerce commission in directing
the distribution of cars for the ship
ment of coal. If the decision in these
cases should be favorable TO the
commission it would be far-reaching,
as it would necessarily follow that the
commission could give direction for
distribution in other lines Of business
as we'll as in the coal business. Still
another railroad case involves the
validity of the law regulating the
transit of live stock and limiting the
time such stock can be confined in
shipping cars without being taken out
for rest.
The docket as it stands now con-
tainS number of suits affecting state
railroad laws, among them being the