Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-12-10
SHIPPER HAS No SHOW
Railroad Companies Have Two
Chances to Win Cases as Com
merce Law Stands
LITIGATION is TOO TEDIOUS
Missouri River Points Will Have Bill
introduced to Prevent Storage and
Elevation Charges on Grains-con-
sdered in Nature of Rebate-Hep-
burn Takes Notice of Conditions.
Especial Correspondence.)

Washington, Dec. 10.-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, Congressman
Hitchcock of Nebraska, will introduce
at an early date bill to amend the
act in an important respect.
The necessity for the amendment
was brought to Mr.. Hitchcock's atten-
ton by Edward P. Smith, an Omaha
lawyer who has been before the in
.terstate commerce commission recent
lv to argue q very important case. 1t
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 secondary grain markets. The
railroads make a charge for this serv-
ice. which ultimately comes out OF the
shippers pocket, and is subtracted
necessarily from the grains price. The
case has been pending long time. and
was submitted after final hearing
few days ago.
Litigation Too Tedious.
eff win this case in the commits
sion" said Mr.. Smith, the railroads
will undoubtedly appeal from the de-
cision to the courts. They will ask an
injunction from some federal court, to
prevent enforcement of the commits
sion's order until they can review it.
This means a long delay. and the
chance that the court will find that
the order is unreasonable: in which
the injunction will be made perman-
ent and the relief we ask will be per-.
manently enjoineds"
1t has long been charged that this
elevation charge is in the nature of
rebate, Mr.. Smith considers it unrea-
sonable and indefensible
'If on the other hand" he contin-
ued. '.I lose my case, have no appeal
to the courts. There is nothing in the
law which opens a way for me to go
higher The railroads have the privi-
lege of appeal on the ground that a
given order would reduce their rev.
en,ses and in effect would tend to con-
fiscate their property. But the pro-
Queer and the shipper has no such
right. 1t seems to me nanifestly I'M
fair to give them only one chance
where the railroad gets two
Hepburn Takes Notice.
Mr. Smith laid his protest before
Congressman Hitchcock, who went
with him to Chairman Hepburn. of the
interstate commerce committee. Mr..
Hepburn listened to the statement of
the grievance with interest and appre-
citation, and declared that 1t deserved
attention and remedy, if it were so
serious as Mr.. Smith believed.
The conclusion was that Mr.. Smith
agreed to draft an amendment to the
law. which Mr.. Hitchcock will intro
duce and press. Colonel Hepburn was
not able TO give assurance of getting
lit out Of committee, but his attitude
justified the expectation that it will
be favorably considered.
Commissions Powers Questioned.
Amendment of the interstate COM
merce law will be pressed at several
important points, Senator Fulton and
others have been insisting on an eX
tension of the commissions powers, SO
that it will be able to suspend the eff
fectiveness of a rate or schedule of
rates announced by a road, pending
investigation. In a number of recent
cases it has been shown that great in
dustries would be practically destroyed
if rates could be suddenly changed.
Contracts are made subject to one con-
dition as to rates. which must be ex-
ecuted under entirely different condi-
tons All this is embarrassing and eX-
pensive. The Pacific northwest about
year ago found it's great lumber in
dustry seriously menaced by a pro-
posed increase of rates. The commits
sion being in no position to interfere,
the shippers went into court and had
the roads enjoined from enforcing the
advanced rates. This complexities the
jurisdiction and authority of commits
sion and courts, and leaves it uncer-