New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-10-26
RAILWAY COUNSEL CONFER
Discuss Proposed War on Inter-
state Commerce Amendments.
CONSTITUTIONAL QUESTIONS
Colonel Stone, Who Presides,
Explains Reasons for Guard
ing Against Publicity.

Fifty prominent lawyers, representing the
most important railroads in the United
States met Yesterday in the Aston Gallery
Of the Waldorf-Astoria to continue their
deliberations on the ACCESSIBILITY of legal
war that may he waSed by the railroads
srairet the government over the amended
interstate commerce law signed by Presi-
dent Taft on June IS.
The present meeting IS q continuation OF
the conference held early in August at the
T7osel Wentworth. Portsmouth. y. H. the
scene Of the Russo-Japanese peace negoti-
atoms.
The conference was called together by
Colonel Henry I. Stone. general counsel
for the Louisville & Nashville Railroad.
who has presided a. the previous meet
fngs. Its general purpose is TO find out
what the Mann Elkins amendment to the
interstate commerce law really means when
interpreted in all legal phases. There
seems 10 he no objection against the newly
established Court of Commerce. but there
IS strong opposition 10 the extension Of
the powers OF the Interstate Commerce
Commission. as provided by this act
The conference at Portsmouth did not
reach any decision. though much Of the
preliminary work was done there and the
ground for future deliberations consider
ahlr narrowed. Yesterdays session COM
Melted all the remaining preparations. and
the discussion VIII now reach the vital
Questions suggested by the committee ap-
pointed for this purpose at the first meet
Ing
These are the questions Of constitutional
law arising under the Mann-Elkins act
which viii he discussed at the meetings
which now viii be held daily until Friday:
q the amended interstate commerce act
ccrsritutiCnai2
"a TIar portion Of Section Is which con-
Ter power upon the commission to SuS-
per6 a rae for possible period of ten
months
- That portion Of Section Il which re-
serves TO the shipper the right to route
frCicft when taken in connection with the
CarUack amendment 10 Section 20.
fcf Long and short haul and aggregate
81 lnrerlneclate rate clauses. as contained
n Section 4.
"a, The water route provision contained
- Tho provision Of Section l. with re-
t1ect 10 he establishment 81 through routes
an ioint classifcations and 5otnt rates by
he commission.
- The provision Of Section i imposing
m burden Of proof upon the carrier TO
me rcasOhableneSS or Justice Of increased
Question 2-Is it wise TO institute pro-
stru1ionalitv Of any or all Of these pro
visions and. If 50, what is the most de-
sra he form OF procedure?
The water route provision contained in
Sector is one Of the provisions most
strongly dislil1ed by all railroad men. It
aims st the old practice Of cutting rates
until d competing water route has been
driven out o. business. and then raising the
prices again. This IS the provision Of that
section:
Whenever q carrier bv railroad shall in
TlHT0 a RT &c
reduce thu rates on the carriage Of any
species cf. freight TO or from competitive
points. II shall not be permitted to increase !
such rates unless after hearing by the In
1ersJate Commerce Commission il shall be
found that such proposed increase rests
upon changed conditions other than the
elimination OF water competition
All the meetings of the conference Of
railroad counsel are strictly guarded
against publi.-ity.
q was in favor Of the widest publicity"
said Colonel stone yesterday, because II
We are right i is best 10 have the public
know Il as soon as possible; and II We are
not II would be best for US to be put right
Is soon as possible.
But there were many members who
thought that the exclusion of the public
would help in getting the most free ex-
preston q opinion obtainable, and it was
decided that mt even a stenographic re
port for our own use should he taken. Each
member Of the conference makes his own
notes II the shape Of a resume.
o. We discuss every phase OF the problem, 1
and We vote on the questions put as in any
other meeting.
Among the counsel representing the I'M
17ortant railroads are Alfred p. Thorn for
The Southern Pacific: Alexander Hamilton
fc- The Atlantic Coast Line; G Gardiner
Ta1brop. for tie Atchison, Topeka & Santa
Fe: T NJ Cunningham, for the CentTal
Railroad OF Georgia: II. T Niciham, Tor
he Chesapeake d Ohio; William >. Up
dyke. for the Delaware & Hudson; Henry
Russell. for the Michigan Central; Charles
II. Bum. for the Northern Pacihc; K w
Moore. for the Southern Railway A {
TIndley. for the Great Northern Clyde (
Brown. for the New York Central ana l.
: Rich. for the Boston & Maine
The Interstate Commerce Commission
win hold q hearing in this city on NoNenl-
her * on the question Of increase OF com
mutation rates as announced last summer
ny, ALI the railroads coming into Ne" hoIh-