Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-03-13
RIGHTS OF SHIPPERS
Fight Probable for Amend
ment to Railroad Bill.
COUNSEL BEFORE COURTS
Privilege of Being Represented in
Cases on Appeal.
THREE SENATORS TO INSIST
Provision Permitting Parties Who
inmate Proceedings to Be
Heard by Attorneys.

One of the biggest fights on the admin
istration railroad bill in the Seante will
hinge, 1t is believed, ON the question
whether or not a provision will be put In
to permit all parties interested In an or
der of the interstates commerce commits
sion. particularly shippers. to be repre-
J sented by counsel before the proposed
court of commerce, and, in case OF an ap-
ueal, before the United States Supreme
Court.
1t is indicated that under the present
| court procedure the party who, upon
petition, secures an order from the inter-
state commerce commission against 4
| railroad cannot be represented before the
court, if the railroad takes the case into
the courts. The party who initiates the
action Of the commission. it is stated. is
much interested and affected by the de-
cision. of the court, but he cannot follow,
through counsel, the case into that
tribunal. The proposed bill makes no
change in this regard, although it was
suggested to the committee that change
was desired.
That there will be a fight to have an
amendment placed in the bill, as reported
from the Senate committee on interstate
commerce, to allow such procedure is in
Dictated by recent Developments. Already
Senators Nelson, CumminS and Clapp
have announced their intention to make a
fight for such an amendment, and others
are known to have the same view.
Senator Nelson's Amendment.
Senator Nelson has given notice that he
will submit an amendment to the bill pro-
yiding that 1.-The party parties who
have initiated proceedings before the In
terstate commerce commission may, at
their own expense, be represented by
counsel. both In said commerce court and
in the Supreme Court, and may aid i'll
securing and presenting the necessary
evidence"
Senators Cummins and Clapp expressed
desire for similar amendment in the
course of the minority report on the bill
submitted a few days ago.
we believe" they said in that report.
that the parties In interest before the
commission should be granted the abso-
lutte right to appear in any suit brought
to set aside the order which such parties
have procured from the commission. and
therefore recommend an amendment"
They suggest the following:
I'm, any suit brought in said court Of
commerce to enjoin. set aside, annm or
suspend any order OF the interstate COM
merce commission any person, cOpart-
nership or corporation which was a party
sought to be enjOlned, set aside, annulled
or suspended was made shall have the
right to appear in the court Of commerce
and be made q party thereto. and shall
be permitted to introduce evidence and
make argument as though an original
party to the suit, and upon an appeal
to the Supreme Court Of the United
States shall be heard In like manner as
though originally = party to the suit
Desired by the Shippers.
Some such provision in any new rail-
road legislation Is especially desired by
the shippers. The reason for their ap-
peal Is easy to see. The shippers origi-
nate the proceedings before the interstate
commerce commission which result in
an order for a railroad to reduce a GER
tain rate and take some other action for
the benefit of the shipper. After the
order has been issued the railroad takes
the case into the federal courts. the de-
PENDANT being the interstate commerce
commission. The attorneys for the COM
mission, of course, defend the order, but
they have multitude of cases and have
not been following the proceedings from
Tile beginning The shippers claim they
are the parties most interested, as a de-
cision of the courts adverse to the COM
mission deprives them of their only
chance for remedy of conditions which
they think are not right. Therefore
they think they ought to be represented
before the courts by their own counsel
Their position urged upon the Sen
ate committee on interstate commerce by
r. c. Butler of Chicago. who represented
the National Industrial Traffic League.
Suggestion by Mr.. Butler.
After urging one change in the pro-
visions of the bill relating to the COM
merce court, Mr.. Butler said:
THE second point ! wish to make is
that the shipper should be privileged, at
his option and at his expense, to follow
the order of the commission entered in
the matter of his complaint filed before
it. Proceedings based upon orders OF
the interstate commerce commits sion here
tUfore instituted in the courts have been
by the common carriers against the COM
mission, emitting any other parties de-
PENDANT. The commissions attorneys have
been called to appear for the government.
The attorneys who represented the COM
plainant before the commission, who have
spent weeks and months in preparation
WHO have become technical themselves
in their knowledge of the points inyolyeu
are suddenly ousted and the matter
tltin.u over 10 the attorneys for the COM
MISSION, who, willie they are skilled in
the law applicable to the points involved,
have difficulty in becoming familiar with
In the short time available with the
la Is and the technical points involved in
tin. transportation questions.
'trC cit m 81 a n tlpsA Illinois