The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1910-08-07

Portsmouth, n. H.. Aug. 6.-The con-
ference of railroad attorneys Of the
country which has been going on for
the past week closed this afternoon, and
those Of the legal lights who have not
planned spending the rest OF the season
in New England have left for their
homes.
Through all the sessions. which oc-
Cured morning and afternoon, there were
sixty-hve attorneys present. representing
roads from Maine 70 Florida and from
many of the Western States. In add
! ton, there were representatives Of three
OF the largest express companies in the
Union. and also advisers to sleeping car
companies. telephone, telegraph, and ca
bic companies The following statement
by General Solicitor Edgar ]. Rich. Of
the Boston and Maine, explains the
origin. purpose. and essential results Of
the conference:
First Conference.
After the passage Of the Hepburn act
n 1906. a conference Of the counsel Of
the principal railroads Of the country
was held at Atlantic City for the pur-
| pose Of determining the meaning Of the
act. The result Of this conference was,
| In a general way. to bring about a COM
mon acceptance Of the meaning Of many
of the more OF less ambiguous provisions.
Another idea was to effect an under
standing with the Interstate Commerce
! Commission for the purpose Of bringing
about harmony Of action. The commits
sioners on more occasions than one have
expressed the opinion that the hearty
c-peratin shwn by the railroads in theiI
relations with the commission was due
+ mo small degree to the work Of this
conference.
No Evasion Sought.
AS at the Atlantic City conference. there
has been no disposition whatsoever OF
the part OF anyone to suggest means OF
i evAdine the act The sole purpose has
been 20 construe the act and TO advise
the railroad officials as to what they
must do in order to comply with 1t II
letter and spirit. There has undoubtedly
been a change of attitude of the rail-
roads and Of counsel toward government
; regulations within the last few years
This undoubtedly is due principally TO the
education which been the result of con
tinued agitation against railroads.
Few votes have been taken on an.
r of the numerous questions submitted, al
. though on many OF the questions Their
S has been a substantial unanimity 0
= opinion.
! The most important clause which ha
been discussed IS section OF the old &C
= as amended by the Mann-EllEins bill
: which IS known as the long and shor
= haul clause. This legislation Is more o
less radical II was thought that Con
gress had passed pretty moderate pro
vision, but careful consideration ia
shown that the amendment is very far
reaching.
: Perhaps the most mOmentous ques
= ton in connection with this is the effec
: Il has on export rates II has been th
custom of all railroads to give lowe
Il rates on commodities intended for ex
port than on the same commodities In
= tended for domestic consumption It /
: In this way that the country has bee
l. able to market It's surplus product Bu
u for these lower rates. there would b
much greater difficulty In selling on
e surplus and keeping our workmen en-
n plOyed The conference has not take
o any view on this proposition, but
s. seems to be the general sentiment this
l. there is nothing in the act which WI
q interfere with this practice. Certainl,
II the act should be so narrowly COZ
q strued as to prevent this, it would be
q very serious blow to our industries.
% Delegation OF Power.
a There has been much discussion as
= whether the provisions in the act whiC
y requires the railroads to make no great
charges for intermediate points than Il
remote points without the consent Of Il
l. commission is constitutional on q
he ground that this is a delegation Of legi
lie lative power and that Congress cam
delegate TO an administrative body Il
y power of determining broad lines OF pu
I'd lie policy. It would seem as If the cor
or mission in the exercise Of this pow
ID would have the right to determil
y. whether or not competitive points WIFI
a have been built up and have prosper
n by reason OF competition shall be d
III prived of those advantages. There
however, a marked reluctance on {
Oh part OF counsel to suggest testing n
nd question. This reluctance is doubtle
IN due to the desire not to antagonize pub
onlnfon