The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-08-07
Some Drastic Things In the
Amended Law Which They
Hope viii Be Fixed
LAWYERS END LONG TALK
SIS Attorneys Confer on tho
Best Way OF Pleasing
interstate Commission.

PORTSMOUTH. \. n Aug e-The CON
ference Of railroad attorneys OF the coun-
try. which has been going on for a week.
closed this afternoon There were sixty
five attorneys present, representing roads
from Maine 10 Florida and from many Of
the Western States
In addition there were Representatives
OF three Of the largest express companies
and advisers to sleeping car companies
telephone, telegraph and cable companies
The following statement by General
Solicitor Edgar } Rich Of the Boston and
Maine road explains the origin. purpose
and essential results OF the conference:
After the passage Of the Hepburn act
IN 1893 a conference Of the counsel OF the
! principal railroads Of the country wa.
held at Atlantic City for the purpose az
determining the meaning Of the act.
The result OF thus confer ence was in a
general way 10 bring about a common
acceptance Of the meaning OF many OF
the more or less ambiguous provisions.
Another idea was to effect an understand
| ing with the Interstate Commerce Com
mission for the purpose 81 bringing about
harmony 81 action
The Commissioners on more occasions
than one have expressed the opinion thar
tns hearty cooperation shown by tn.
railroads in their relations with the com
mission was due in no small degree to thu
work OF this conference II IL true that
the commission and railroads have not
always agreed a. to Interpretations Of tho
act. but there has been shown no desire
on the part Of any Of the railroads to evad,
the provisions. When the commission
and counsel have differed the courts hav.
sometimes sustained one and sometime,
the other
As AT the Atlantic City conference.
there has been no disposition whatever
on the part VI any one TO suggest mean,
OF evading the act The sole purpos,
has been To constrIIe the act and 10 advise
the railroad officials "a to what they must
do in order to comply with ~ in letter and
spirit.
There has undoubtedly been "a cham,
OF attitude Of the railroads and Of counsel
toward Government regulation within
the last few years This undoubtedly /,
due principally to tho education which
has been the result Of continual agitation
against railroads
Few votes have heen taken IN any ~
the numerous questions submitted al
though on many Of IN. questions thar,
has been a substantial unanimity ~
opinion
Tn" most important clause which hts
been discussed il section Of th" old at
"a amended by the Mann-Elkins bill.
which IL known a. the long and short
haul claus" This legislation il mors or
less radical II was thought that Con-
gress had passed pretty moderate
provision. but careful consideration ha,
shown tina, the amendment Is very far
reaching
Perhaps the most momentoUs ques-
zion in connection with this - the effect
IL has upon export rates. N has been the
custom OF all railroads To give lower
rates on Commuditi"s intended for export
than upon the same con! mod ties intended
for domestic consumption IL ~ in tins
way that tho country has been able to
market It's surplus product But for thsS,
lower rates there would be much greater
difficulty M selling our surplus and keep
ing our workmcn employed The con-
ference has not taken any view on this
proposition. but IL seems to be the general
sentiment that there is nothing in the act
which will Interfere with this practice
Certainly IL the act should he so narrowly
construed as 90 prevent this II would be
a very serious blow 10 our industries.
There has been much discussion a. To
whether the provision In the act which re-
quires the railroads 70 make no greater
charges for intermediate points than Tor
remote points without the consent 20
the commission Is constitutional on thu
ground that this IL a delegation OF legs
lative power and that Congress cnanci
dele gate 10 an administrative body th1
power OF determining broad lines OF Iub'.n
policy II would seem as II the cpmmis
sion in tho exercise ~ this power wc'i.d
have the RI Sht 20 Determine whether ~
not competitive points which have hsen
built W aud have proAperei bv raasrn Of
shalt be deprived 81 iho.r
reluctance On the part Of counsel to ST. =
gest testing this question. This reiUc-
lance 10 doubtless due to tho desire not to
ntagonize public opinion.
Beyond the discussion Of this cis ,ss.
which has consumed two days. the work
Of the conference has been largely devoted
10 the ans ~ering OF more or less technical
questions propounded by the trafic OIL
GERS a. 10 the fling Of tariffs. posting OF
notices. adjustment OF rates and general
matters.
-ConAdsnce has boon expressed thas
tho Interstate Commorce Commisston
will proOeed conservatively and nos
mako any rulings which will seriously
disturb existing conditions. although
thSrs are some provisions OF ths Law
which seem 90 plain that thsy must be-
carried out literally by tho railroads and,
by the commission.
There has bosn practically no Discus
sion on the CommOrce Court. most Of tho
cnrinnal AnrnninR that Ia noMara Ana