Goldsboro semi-weekly argus., 1909-10-13
HEPBURN ACT IMPROVED
Amendment Suggested which,
If Adopted will Benefit
Whole Country.
Proposed Recommendations, if EN-
bodied in Act, Will Give Shippers
EQUAL Rights i'm EnjOining
Unreasonable Rates.

Unreasonable hdttSS
Spokane, Wash, Oct. 11.-Sweeping
changes of vital Importance 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 NJ.
Stephens, chief counsel for the petit
tioners in the Spokane freight rate
case, are embodied in the interstate
commerce regulations, now in opera
ton.
The adoption of these recommends
tions will give the shippers equal
rights in enjoining unreasonable rates
and make the commission an efectlve
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 commission
ers and the taxing of attorneys fees
against the carriers in favor OF the
shippers in all cases where the pc
titioners are successful in whole or
in part in their litigation.
AS this presentation including re-
view of Spokane's fight against the
transcontinental lines, for equitable
rates on westbound 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 pro
visions in part or in full to success
fully 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 injunc-
tions against the orders of the COM
mission, whereas the law contains no
similar provision with reference to
the rights and property Of the shipper.
It is suggested that the law be amend
ed so that the shippers will have the
right to ask for a restraining order
against unreasonable rates and that
the court shall determine what is an
equitable rate and then refer the mat
ter to the rate-making body to fix and
enforce these rates.
Dealing with this phase of the law
Mr.. Stephens says that it seems ak
iomatic that the shipper should have
the same remedies and the same
rights under the act as do the ship
pers, adding:
"In principle there can not be any
possible difference between the ship
per and the common carrier. If 1t Is
taking property without due process
of law to require the common carrier
to carry the property of the shipper
at an unreasonably low rate, and fol
that reason it is a conf1scation OF the
shippers property to charge or col
lect from the shipper anything in ex
cess of a reasonable rate or reasona
BILE charge, and to the extern
that the shipper is charged
an unreasonable rate, the Shipper
property is taken without due process
of law and is confiscated by the rail
road companies"
Another amendment provides TO
the appointment of commissioners TO
the various districts and territorie
throughout the United States. com
missioner on the Pacific coast woul
have Jurisdiction in a territory 80
miles wide bordering on the oceaE
while another would be stationed i
the interior, in the district east of tn
Cascade mountains in the state c
Washington, east of the range c
mountains in Oregon and for Idaho
Montana, Utah, Nevada, Arizona an
districts similarly situated.
Mr.. Stephens suggests that the dut
of these commissioners be to TAX
care of matters in the territory alotte
to them, speedily and expeditiously
allow an appeal from the decisions
such commissioners to the interstat
commerce commission, as now const
tuted: per nit a trial de noyo befol
the interstate commerce comm1ss1o
as now organized; permit, If desir'
Bile, additional testimony on the de NJ
yo trial on the part of any person {
corporation Interested in the contr
versy and then permit a further a.
peal from the commission to the s.
preme Court of the United States u
on the de novo trial.
One of the chief reasons for askil
the appointment of commissioners +
assignment to certain territories
the tremendous expense which col
plainants have to incur in presentil
their case to the commission as nc
organized and the numerous trips tn
SINNERS have to make across the co
tinent and leave their homes and bu
ness to attend hearings at Washin
ton, D. G.
It is also urged that injunctive a