Pine Bluff daily graphic., 1910-08-27
TAP LINES WIN
 IN HEARING Suspension of New Rates Cancelling Arrangements
 to be Asked.
HAS NO JURISDICTION
Judge Falc0ncr Thinks Statc Deter mines Common Carrier, Not
 Commission.

Little Rock, Ark, Aug. 26.-The tap lines or lumber roads of. Arkansas today won the first fall i'll the fight now being Waged to determine wheth- CT or not the trunk lines of the state are to be allowed to cancel the agree ments heretofore existing between them and the tap lines whereby the latter have been receiving division of the through rate on lumber from connecting point to the outside mar ket
 Following a lengthy hearing before the Arkansas Railroad Commission large number of line owners, Judge w. A. Falconer, chairman of the con- mission, announced that the state commission will issue a request to the Interstate Commerce Commission ask ing that body to suspend the operation of new tariffs proposed by the trunk lines and by which they cancel the rate agreement until the question can be thoroughly investigated and each line be given an opportunity to de- termine it's standing in court as to whether it is common carrier or not.
 Moreover, in making this announce ment Judge Falconer emphatically J asserted it as his belief that the In terstate Commerce Commission, in it's recent ruling as to the definition of common carrier, has exceeded it's jur- isdictiOn and encroached upon the rights of the states The matter of whether a railroad is a common car rier or not, said Judge Falconer, is determined by the nature of the char ter issued to it by the state, and in Arkansas the fact as to whether or not railroad is common carrier is shown by this record. The Interstate Commerce Commission has the right to determine whether or not a con- mon carrier has the right to differ ential or division of rates, and the fur ther right to say how much that shall
 
 ture of a common carrier rests with the state chartering such road, is the opinion of Judge Falconer.
 Raises Business Uncertainty.
 Going further in regard to the re- cent ruling of the Interstate Com merce Commission Judge Falconer said that it appeared to the state rail- road commission that the great trou- ble was not so much what the Inter- state Commerce Commission has en- Ceavored to do under it's ruling as the great uncertainty that has result ed in the business conditions and which promises, unless the matter is more definitely determined, to ham, per the industrial development of the great southwest.
 Il cannot see that any harm ran come to any interest," declared Chair man Falconer, if the Arkansas Rail- road Commission should ask the !n- tnrstate Commerce Commission to eA- ervise the power with which it is clothed--that of suspending any pro- posed rate-and request it to with hold the operation of the nsw tariffs proposed by the trunk lines until the status of each tap line is determined. Such lines as are merely receiving a rebate should be eliminated from the common carrier class, but those which are complying with the law as to the requirements of a common carrier should be protected in their rights
 Many Lumbermen Attend.
 The hearing was attended by a large number of interested parties and xhe discussion was full and free.
 Judge Falconer explained the pur- rose of the conference. as he under stood it, and stated that the commis- sion would probably not be able 70 do anything more than make a recom- mendation iE the premises, ant that sGcn recommendation would be deter