The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1909-10-12
There May be Some Important Adop
tions Made In the Railroad
Rate Question Of Bene-
fit to Shippers.
RECOMMENDATION MADE
Matter Was Broached to President
Taft When He Was in West and
He is Expected to Take
Question up.

SPOKANE, Wash. Oct. 12.-Sweep-
ing changes of vital appearances to
all parts of the country will be made
in the Hepburn act If the amendments
suggested to President Taft during his
recent visit to Spokane by Henry M.
Stephens, chief counsel for the petit
toners in the Spokane freight rate
case, are embodied in the Interstate
commerce regulations, now in opera.
ton.
The adoption of these recommends
tons will give the shippers equal
rights in enjoining unreasonable rates
and make the commission an effective
and impregnable body by devising
ways and means of ascertaining and
determining the actual value of rail
road properties, also providing for the
appointment of district commissioners
and the taxing of attorneys fees
against the carriers in favor of the
shippers in all cases where the petit.
toners are successful in whole or in
part in their litigation.
As this presentation, including a re-
view of Spokane's fight against the
transcontinental lines. for equitable
rates on west bound shipments from
St Paul and common points, was
made at the request of President
Taft, there are reasons to believe that
his Forthcoming message to congress
will recommend the adoption of these
provisions in part or in full to sue
cessfully cope with the situation.
Mr.. Stephens directs President
Taft's attention to the fact that the
law permits the railroad companies to
go into the courts and ask for in
commission, whereas the law contains
no similar provision with reference
to the rights and property of the ship
per. 1t is suggested that the law be
amended so that the shippers will
have the right to ask for restraining
order against unreasonable rates and
that the court shall determine what is
an equitable rate and then refer the
matter to the rate-making body to Ak
and enforce these rates.
Dealing with this phase of the law,
Mr.. Stephens says that it seems axio-
matte that the shipper should have
the same remedies and the same
rights under the act as do the ship
pers, adding:
I'm principle there can not be any
possible difference between the ship
per and the common carrier. II it is
taking property without due process
of law to require the common car
rier to carry the property of the ship.
per at an unreasonably low rate, and
for that reason it is confiscation OF
the carriers property, it follows, nee
essarily, that it is confiscation of the
shippers property to charge or collect
from the shipper anything in excess
Of a reasonable rate or reasonable
charge, and to the extent that the
shipper is charged an unreasonable
rate, the shippers property is take,
without due process of law and il
conflscated by the railroad compa
Mes
Another amendment provides TO
the appointment of commissioners 70
the various districts and territorie
throughout the United States A con
missioner on the Pacific coast woul
have jurisdiction in territory 30
miles wide bordering on the ocear
while another would be stationed 4
the interior, in the district east c