The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-10-21
WHAT WILL COURT
Do WITH REQUEST?
Especial to The Times-Dispatch. ]

lSpcciai to The mes-DiSpatch.1
Washington. October 20.-What will
the Supreme Court OF the Unites do
with the request of the House of Gov
errors and the Association of State
Railway Commissioners for interven-
ton in the Minnesota rate case?
When the committee of the House OF
| Governors appears 1t will not appear
alone. The National Convention of
state Railway Commissioners also will
be there with a like request
Governors Harmon, OF Ohio Hadley,
Of Missouri, and Aldrich. of Nebraska,
will represent the House Of Governors
In asking the court to hear the States
plead for their right to regulate State
, commerce. which, they say. will be de-
stroyed IL the Supreme Court sustains
the Circuit Court decision in the
Minnesota case.
strong committee, headed by Commits
.ioner Clifford Thorne, of Iowa, has
peen named. Mr. Thorne will make
the oral argument. II one is permit
ted II this privilege is denied the
| commissioners will seek to file brief
and argument.
Grave Situation.
Startling statements concerning the
panic among State authorities. result
ing from the Circuit Court decision in
this case. are made by members of the
state commissions.
So grave is the situation that re-
Gently conference was held in Lin
coin. Neb., by Representatives OF the
| State Commissions of Iowa Missouri,
| Oklahoma, North Dakota South Da-
kota, Nebraska. Kansas and Texas
| 1t developed that these States have all
aggregate OF seventy eight cases now
pending in Federal courts, the dec;-
sions of all OF which would he practi-
cally indicated, and would be adverse
| to the State right Of regulating trar-
| tic within its own borders. II the Mln-
| nesota case should be affirmed by the
Supreme Court.
| When the national convention OF rail-
road commissioners met in Washington
| the same question was brought up and
| discussed In view of the fact that the
| Lincoln conference had named the
Thorne committee to appear before the
Supreme Court in behalf of the State
contention. the convention did not APP
point like committee of its own, but
adopted resolution approving the Lin
coin procedure and authorizing the
Thorne committee to appear in behalf
OF the national organization.
Efforts Pnralyzed.
Chairman Thorne, who is In Wash
ington TO file the committees request
for a hearing in the Supreme Court,
said to-day:
The Sanborn decision is paralyzins
regulative efforts by the States, which
| always have led i nthis field, and have
been followed at a long interval by
the national government. Kansas was
about TO begin a valuation of her rail-
roads. but has stopped to await the
Sanborn cas- dcision. Iowa has con-
tiuued all her cases in the Federal
court. The railroads maintain. and
the commissions concede, that IL the
Sanborn decision is upheld it will end
State regulation.
Recently the master in the Georgia
case adopted the Sanborn decision as
a controlling precedent.
If the States ever are to be heard,
now is the time. Judge Sanborn holds
that railway is entitled to earn on
the value of it's right OF way, which
shall be determined by multiplying the
value OF adjoining property by two and
e-fourth. On that valuation, he holds
that per cent must be earned beyond
taxes. operation, depreciation. mainten
ance: less than this he holds is con-
| iiscation
We consider that the state commits
! sions are peculiarly equipped to discuss
these issues, and Will plead to be heard
The litigation is expected to be the
most memorable in a generation as 10
| commerce regulation. The court has
! set number of State cases involving
these questions TO be argued In jan
| uary.