Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-06-07
RATE SCHEME N|PPED
RAILROADS FRUsTRATEp IN EF.
FORT TO ATTACK RECENT
FARE LAW
HOPED TO OPEN DOORS
THRU EXPRESS RATE CASES
New Commerce Court Law Requiring
Three Judges in Hearings Blocks
PIan-Hopsd to Get Quick Whaek at
Passenger Law Thru Coal Rate Case
kenyon in lorimsr Case.
Special to Times-Republican.


Special to Times-Republican.
Dies Moines. June THE effort of
the railroads to attack the Iowa 2-cent
fare law under cover Of the coal rate
case may bump up against the new
commerce court law even harder than
has the express rate case. The plan
to have one judge open the door for a
return to Scent fares will have to be
revised.
Since the express rate case raised
the question some inquiry has been
made as to whether or not the COM
merce court law will not apply to
some other things. The clause of the
law which has held up the express
rate case contemplates virtually that
no one federal judge shall enter any
order which in effect nullif1es or mega
tives any state law. but that where the
standing of any such law is at issue at
least three judges shall sit and deter
mine the matter.
In support Of the jurisdiction of
Judge Mcpherson it is commended by
the attorneys for the express cases
that it is not law that is attacked
but q claim that the discretion Of a
board has been abused. But in the coal
rate case it is commended that the rate
is not compensatory. and incidentally
the 2-cent fare law is attacked and the
whole law as to rates and the powers
Of the board.
Even If the commerce court law does
not apply to the expr ess rate case !:
may apply strongly to the other case,
which would mean that the case would
practically have to be commenced over
again and then go to a larger court
The lawyers are also calling atten-
ton to the fact that this commerce
court law would have effect on other
things. as for instance the attacks
made in federal court on the iowa
prohibitory law, which would have
come under the new rule as
to the court of three members
If the law had been in force when
those cases were taken into federal
court. The clause Of the commerce
court forbidding any one Judge from
declaring null any state law will apply
when any kind Of a law is attacked in
federal court whether it has relation to
transportation or any other subject.
It was expected that the coal rate
case. with its incidental attack on the
'2-cent fare law. would prove q quick
way Of getting whack at that bit of
progressive legislation. in which Iowa
was q pioneer. There is suit pending
on appeal to the United States SUI
preme court. now involving that Ques-
ton but IT may take several years for
decision.
Senator Kenyon in his brief speech
before the senate last week on the
Lorimer investigation gave confirma-
ton to the story that If he is given
opportunity to sit on the Investigating
committee he will bring out some
hitherto entirely unknown facts re-
garding the methods Of the standpat-
tiers in entrenching themselves in the
senate.
IT the lumber trust" he asked, fur
nished the money to elect Lorimer.
what does the lumber trust expect
back? If the beef trust furnished
money. what is the quid pro quo for
the beef trust? Our senators and rep
resentatives dictate largely the ap-
pointment of district attorneys; dis
trict attorneys prosecute these trusts"
The close connection Of the beef trust
with the case has only been suspected,
but Senator Kenyon has been in posi-
ton where he could find out a great
deal about what the beef trust has
been doing with its money, and 1t is
pretty certain that II the organization
which put Lorimer in the senate will
permit the Junior Iowa senator to as
sist in the probing there will be some
things happening in washington the
next few months.
Friends of Kenyon are hoping that
the progressives stand together firmly
in support Of keeping place for him
among the probers, and rejoice over
the patriotic action, Senators Kern,
Clapp and others in making way for
the Iowa man on the subcommittee.
The 1911 issue Of the iowa Official
Register" or Red Book. will contain q
revised list Of all the newspapers Of the
state with the names Of their editors or
publishers. The issue Of 1907-8 had
such a list which proved very valuable
to many people, but it was omitted
from the 1909-1o issue OF the book. The
next one. which will be printed within
a few weeks will have revised list.
which will show a great many changes
in ownership and otherwise.
ono ANhZE RE~En n1oR NNAAn Nv