The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-08-07
Will Battle Taft's New
Law to Last Legal
Ditch.
ITS CAM PAIGN
is MAPPED OUT
Eminent Attorneys for country's
Big Railroad System Get To-
gether in Secret Conference
and Decide to Test Consti-
tutionality of Presidents
Pet Measure.
Especial to The lmes.Dispatch.]

Especial to The Times-D ispatch.l
Portsmouth, N. H., August 6.-Forty
miles up tho New England coast from
the summer home OF President Taft,
eminent attorneys for the big railroad
systems of the United States to-day
concluded arrangements to fight the
Presidents new railroad law to the
highest courts on the question of con-
stltutionalty.
At a four-day secret conference Of
railroad attorneys. which ended to-day
and which was attended by general
counsel for the Hartman lines, the
Pennsylvania, New York Central. New
Haven, Chicago burlington and Quincy.
Missouri Pacific, Rock Island, Reading,
Erie. Santa Fe, Northern Pacific, Lack
awanna and Boston and Maine, serious
objection was made to the constitutions
ality of the provisions giving the In
terstate Commerce Commission power
to change rates and power to establish
routes, as we'll as to the constitutions
al!ty of the long and short haul clause
and the water route provision. 1t
was decided to take action at an early
date to test the constitutionality of
the long and short haul
Behind Closed Doors.
Every effort was made to throw
The lawyers We're behind closed doors
six hours day for three days and a
half. They were here for work. They
allowed themselves but one joy ride.
and that last night. when they went
to the Isle of Shoals for dinner.
The White Cat tea room saw them
not. nor the Wentworth Golf Club. They
didn't get to know the difference be-
tween Little Harbor and Sycamore
Creek. When New Workers pointed out
Mount Aggimenticus to them and said:
That's the White Mountains" the law
sharps of the railroads let it go by
default. Never has such a band of toll
| ers entered the serenity of the New
Hampshire resort in August. 1t was
the third conference of railroad attor-
neys. but 1t was the first that em-
braced practically all the lines of the
United States. In Atlantic City four
years ago counsel for several roads
got together to talk about the Hep
burn act. Two years ago smaller
company met to discuss the employers
liability act.
When sixtyfive general counsel ana
general solicitors departed this after
noon for Boston they left behind the
distinct impression that the railroad
trust Will fight President Taft's new
railroad law to the last legal ditch.
The war conference was held in the
music room of the Wentworth House,
at Newcastle, the scene of the DELHI
erations over the Russo-Japanese trea-
ty A vote was taken to the effect that
outsiders were not to be admitted
Reporters We're politely but firmly
shooed away. No stenographic notes
were taken. No complete statement
was given out for publication.
Mootcd Problems.
The Times Dispatch is informed,
however. on what seems to be best
authority. that the following are fair
samples of the questions about which
the railroad lawyers have concerned
themselves for three gruelling days
in the barricaded music room Of q
summer resort:
"Is the water route provision Con-
stitutional?
"Is the long and short clause con-
stituttonal in Its present form, and
| should steps be taken at an early date
| to test its constitutionallty?
SIS the Mann Elkins bill provision.
as to maintenance of agents and ssup-
plying information respecting describ-
ed shipments. constitutional?
is that portion of section II. Of
the Mann lkins's bill. which confers
power upon the Interstate Commerce
/ Commission to suspend rate. viola
|
us the provision of this section
with respect to the establishment OF
through rates, joint classiications and
joint rates constitutional?
| rs the operation of the provision OF
| this section with respect to routing
freight. when taken In connection
! with the Carmack amendment, constl-
tutional?
rs the provision imposing the bur-
den OF proof upon the carrier consti-
tutional?"
How the sixty-hve big railroad au-
thorities answered these seven guess
lions is known to nobody outside OF
their party. From things they would
not say, rather than from things they
did say. 1t Is inferred that steps will
be taken at an early date to test its
constitutionality.
The conference was an amazement
and a revelation to the fashionable
guests of the ultra-fashionable Vent
worth. Tho lawyers worked Wednes-
nesday. Thursday. Friday and part Of
| to-day.
There for Work.
Promptly at 9:30 o'clock every
morning they dropped the small talk
of the hotel lobby or tossed partly
smoked perfectos from the broad pi-s
azza. and walked into the council
room. Nobody saw them again until
noon, Then they had recess OF two
hours. Back TO the music room they
marched at#2 p. NJ, to remain unit.
| 5:aO Everybody consistently had
nothing 20 say. ALI told. ths confer
| ence occupied twenty-one hours In tho
class room. to say nothing of lates
gatherings of two. three, four or more
Sin groups.
Twice day the railroad catachism
class was presided over by Colonel
\ Harry L, stone. general counsel OF Sth<