The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-10-10

in their litigation.
AS this presentation. including re-
view of Spokane's fight against the
transcontincntal 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 forth
coming message to congress will
recommend the adoption of these pro-
visions in part or in full to success
fully cope with the situation.
One Sided.
Mr.. Stephens directs President Taft's
attention IT, the fact that the Law per
mits the railroad companies To go into
the courts and ask for injunctipns
against the orders of the commission.
whereas the law contains no similar
provision with reference to the rights
and property of the shipper 1t is
suggested that tho law be amended SO
that tho shippers will have the right
tn 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-rlaking body to fix and enforce
these rates.
Dealing with this phase of the law.
Mr.. stephens says that it seems axin-
matte that the shipper should have the
Sane remedies and the Same rights
under the act rs dc the railroads, adj
ding:
I'm principle there cannot he any
possihl" difference between the shipper
and tn" common carrier If II Is taking |
property without dtc process 81 law t.
require the common carrier In cary .
III" property Of the shipper at an un-
reasonably lew rate. and for that roa- 3
son ii is "A con:iSCation of the car Z
ricr's property. it follows. necessarily.
that IL is sconfiscatinn of the shippers ,
property to charge or collect from the
shipper anything lii cxCcSs Gr Ii reason
able rate. the shippers property In
taken without due process of Law and
is confscatcd by the railroad COM ;
panies."
Another amendment provides for the
appointment Of commissioners for the
various districts and territories
throughout the United States. A conn
missioner on the Pacific coast would
have jurisdiction In territory 200
niles wide bordering on the ocean,
While another would be stationed in
the interior. in the district east of the I.
Cascade mountains in the state of
Washington. east OF the range OF
mountains in oregon and for Idaho.
Montana, Utah. Arizona and districts
similarly situated.
Their Duty.
Mr.. stephens suggests that the duty
of these commissioners be To take
care of matters in the territory allotted
To them. speedily and expeditiously; al
low an appeal from the decisions of
such commissioners to the interstate
commerce commission. as now
constitutcd: permit a trial de nnvo
before the interstate commerce
commission. as now organized:
permit, ii desirable. addition
nj testimony on the dc noyo trial on the
part nj any person or corporation in-
terested In the controversy and then
permit further appeal from the COM
mission To the supreme court Of the
United States upon the record made
Upon the de noxo trial
One of the chief reasons for asking
the appointment of commissioners for
tremendous expense which complain
ants have In incur i'm presenting their
case Ia the commission as now or
ganized and the numerous trips that
shippers have to make across the con-
tinent and leave their homes and bust
ness to attend hearings at Washington.
d. {.
1t is also urged that injunctive and
judicial powers be granted To the
commission as now organized to the
extent that may he necessary or de
sirable and especially power to all
commissioners to summons and COM
pei the attendance of witnesses. the
production nf evidence and the power
10 enforce their orders and make the
of facts and mixed questions
Of law and fact final in the same way
that they are now determined by the
department of the interior; provided.
however, that the ultimate question of
just and reasonable rates is n question
of law.
The third amendment recommended
Is that the statutes provide specifically
that attorneys fees are taxable against
the carriers in favor of shippers when
the petitioners are successful i'm whole
or part in the litigation. unless some
plan can hc devised whereby division
OF the department of justice shall have
charge of the prosecution at the ex-
pense Of the United States.
Value Determined.
Mr.. Stephens also suggests that IT,
y.l.s fA