Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-04-18
rBy Ora williams.1

| things taken from Iowa into natlonai
affairs the past year, tho well estab-
lished here, is the thought that in
ministrative boards and commissions,
1t is the duty Of the government to
see to 1t that both sides are repre-
scented. to the end that justice be melted
out impartially. in the courts a pub
Tic prosecutor is employed to look after
the interests of the public, and in GER
tain cases a defender is named to
properly present the defense at public
expense. But in Iowa another phase
of this same problem Of doing out
| justice to all has been developed, and in
matters affecting transportation espe-
cially, the railroad commission was a
number of years ago designated to be
| a prosecutor Of cases on behalf of the
public before the interstate commits
sion. The commerce counsel has this
| function also. When this idea of hav-
ing the public represented as well as
! the railroads in controversies over
rates. reached Washington it attracted
attention and it will not be long until
| it is adopted in national affairs. In
deed, the interstate commerce COM
| mission so recognized it's fairness that
it employed Louis d. Brandeis to rep
resent the public-that is, the cons
sumers. shippers, all who pay freight
in the advanced rate cases. Naturally
an innovation of this kind stirs up
some argument.
Here is the Railway Age Gazette.
which is the spokesman for the rail-
road presidents, with the following
illuminating article:
Railway officers necessarily COM
plain that the railways do not receive
a square deal from the regulating au-
thorities, and especially those Of the
states. The Railway Age Gazette in
an editorial in its issue of March IS.
entitled Impartial State Commissions,
told how members of certain western
state commissions had met at Kansas
City. decided without having heard
anybody that the eastern railways were
not entitled to an advance in rates, and
designated one Of their number to go
to Washington and appear before the
interstate commerce commission to
show it why rates should not be raised.
The states in question are Iowa, North
Dakota, South Dakota, Missouri, Ne
braska, Kansas, Oklahoma and Arkan-
sas. The representative they sent to
Washington is Clifford Thorne, chair
man of the Iowa railroad commission.
This gentleman has since, as chair
man OF state railroad commission,
and therefore, presumably, represen-
tative of the public and the public
alone got much publicity for his anti
railway arguments. AS indicated by
the Railway Age Gazette last week, it
has now developed that he not only
represents these eight state commits
sions. but also represents two large
organizations Of shippers. the Ameri-
can Livestock Association and the
National Council of the Grain Deal
ers' Association. Thorne exp!aines 20
| the Chicago Tribune that his expenses
are paid by the states mentioned. and
| that he represents the shippers only
| by courtesy In other words, he is
taking the money Of the taxpayers Of
these states and using 1t to carry on
! litigation in behalf Of the American
Livestock Association and the Nation
al Council OF the Grain Dealers Associ-
alton. These facts very strikingly illus
trate the impartial and judicial at
titude Of these eight state commissions.
1t certainly is pretty soft for the ship
|
| Of the states to furnish them with at
torneys in the persons Of members OF
railroad commissions to handle litiga-
ton for them. But what Of the NOR
| ais Of a transaction in which money
| collected from the taxpayers of eight
states is used to conduct litigation for
organizations Of shippers which, as
their attorney boasts. have a member
ship in every state west of the Missis-
sippi river? Is it any wonder. when
| such things happen. that men Of some
| sense of decency and fairness criticise
| the sort of regulation to which railways
are subjected in most of the western
| states?"
| The editorial will repay perusal, es-
pecially when considered in the light
| Of its inspiration; and little reflection
| may suggest some sort Of connection
| between the subject discussed and tbs
apparently well financed campaign un
| der way to discredit in Iowa nearly
| everything that has been done for the
people and to attack here so-calleo
| waste of the taxpayers money.
But the Iowa idea of having the rail
! way commission appear in matters af-
| fecting interstate commerce, not in
| any judicial attitude, but as q prosecu
tor or defender Of the rights Of all the
people of the state, has become the
settled policy In Iowa, whatever 1t may
| be in the other states mentioned, and
| if there is any complaint of this sort
| Of thing the place to make the com
plant is in the legislature. In fact, in
the last session and the one before
pressure was felt and very strongly
felt, to cut off the funds to be USED
to carry on investigation and litigation
such as in the big rate cases of the
| past year.
While the Railway Age Gazette tre-
fers to the meeting in Kansas City as
the start of the fight to have the sidt
of the public represented in the ad
vanced rate hearing. it overlooksi the
fact that the first conference on the
subject was held in Des Moines--s
meeting which was almost wholly ig
nored by the newspapers. The eigh
states mentioned first came together
however, in making the fight for a ful
I presentation to the supreme court o.
the United States in the matter of thu
Minnesota rate case-or famous San.
born decision-at which time the bif
question Of the right OF states to dt
any regulating at all was at stake. i
the Minnesota case had been Per
mitted to go by default 1t is quite pos
sibIe that all state railroad commits
, cions uou1d have been nut practically