Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-02-12
RAILROADS WILL NOT VIGOROUS
LY OPPOSE PASSAGE OF
MEASURE.
WILL FIGHT 1T OUT
AFTER PASSAGE By CONGRESS
Believe Proposed Law Has Serious
Constitutional Objections - Mann
Fails to Secure Consideration of His
Sill by Committee in Lieu of Ad-
ministraton Measure.

road companies are not to make a de-
termined fight against the administra-
ton rate bill, now being considered by
the house committee on interstate and
foreign commerce. They are nearly all
represented at the hearings, but none
of them has indicated that it intends
to make objections to the bill an ex-
cuse for lengthening the hearings.
A few of the smaller railroads are
disposed to put up a fight, but they
will all have been given an opportunity
to have their say in few days. and
the cha noes are that the bill will be re-
ported back to the house for passage
during the last week in February, pos
sibly a little earlier.
This purpose of the great interstate
carriers to permit the bill to go thru
congress without serious opposition
does not indicate an acceptance by
them of the provisions Of the bill Far
from it, They believe the bill as in
troduced by Representative Townsend
of Michigan, is subject to serious con-
stitutional objections, and they are OPP
posed to it also on the ground of pub
lie policy, but their plan is to take the
law into the courts as soon as it has
been passed and its enforcement is I'M
dertaken and to have the courts say
whether these constitutional objections
are we'll taken.
Former Policy Was Unwise.
When the Hepburn bill was going
thru con gress, the railroads of the
country almost without exception,
fought it bitterly, and had their repre-
sentatives before congressional commit
tees for the purpose of taking advan-
tage of every opportunity for delay that
presented itself. That policy, it is now
recognized, was mistaken one. It in
famed the country by placing the rail-
roads in the attitude of trying to pre-
vent legislation which the country be-
lieved was sound. Much of the public
antagonism to common carriers, it is
believed can be traced to this fight
over the Hepburn bill.
In the present instance. the railroads
will. in quiet manner, present their
objections to the pending legislation,
and then let congress do as it pleases,
without further suggestion. The courts
will be depended upon to set things
right, if, is the railroads are claiming,
the Townsend bill in many of it's parts
is open to constitutional objections
Several points in dispute are as fol-
lows:
First The commerce court. The
railroads seem more willing to accept
this proposed court than congress it,
self The committee considering the
Townsend bill is divided over this pro-
vision, and 1t is by no means certain
that it will be retained. The objection
is to multiplication of federal courts.
Second-Thru routes and rates and
pro-rating. Members of the commit
tee are divided on this proposition also.
The railroads are also opposed to it,
but have done nothing beyond stat
ing their objections in the oral argu-
ments.
Third-Giving the interstate COM
merce commission power to suspend
rates after notice has been given. The
railroads do not like this provision, and
neither do several members of the COM
mfttee.
Fourti1-Regulating the financing of
the common carriers thru federal
supervision of stock issues, etc. This
is a feature of the bill which the rail-
roads say is of doubtful constitution
atty, and on which they will take the
bill to the supreme court the moment
it has become law.
Byrne Drafted Bill.
James Byrne is one Of the great cor
poration lawyers of the country. He
is a member of the firm of Hornplower,
Byrne G. McCutchen of New York City
and the understanding is that he is the
person who drafted the Townsend bill
for Attorney General Wickersham. Mr..
Byrne was before the house committee
recently, and while there he was, on
several points. rather an unwilling wit
ness. Finally, after much maneuver-
ing the admission was forced from him
that the Townsend bill. if enacted into
law, would in all probability, prevent
the building of Independent lines of
railway thru new territory
Mann Bill Opposed.
Chairman Mann Of the committee
would like to have his bill, rival of
the administration bill, taken by the
committee as the basis of its work, but
this will not be done. The objection to
doing this is a political objection
The adnninistratio bill will be
amended by the committee, but it is
believed the country will stand for this
amendment as long as the name Of
Representative Townsend is attached to
the bill But if the administration bill
were set aside for the Mann bill, there
would almost certainly be loud out
cry from the public
The Mann bill might even contain
all the important features of the ad-
ministration bill, and yet the country
would probably not accept it. Chair
man Mann has been advised by his best
friends on the committee that his prop
osition to substitute his bill for the adj
ministration bill is unwise.
The house committee has been con-
sidering the Townsend bill since Jan.
IS, holding two sessions daily, and fire.
quently third daily session in the ev-
ening. 1t is the expectation of the
house leaders that the bill will go thru
the house and be sent over to the sem
ate before March l.
In other words, on the opening to
settlement of some new section of the
far west, if Mr.. Byrne is right, ii
would not be possible, under the terms
of the Townsend bill, to have newly
Iorganized and Independent railways
s s;:;i. sSST the the Development CO t!e sec-
ton. On the contrary, the people OF
this new section would be compelled t.
depend on the older railroads, which
thus having full control OF the sttua-