Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-05-04
PLEA or EASTERN RAILROADS
FOR ADVANCE IN RATES
sueMiTTEp.
,eowERs OF COMMISSION
~, RAISED BY DEFENSE
Argues That Board Has No Authority
60 Order Lines to Advance Tariffs in
Any Amount-Thorne and 6randeis
Disagree a. to suffieisney Of Pres.
ent Rsvsnuss' ai1Ii~

Special to Times-Republican.
Des Moines. May THE big adj
vanced rate case affecting eastern
railroads has at last been closed be-
fore the interstate commerce commits
sion.
Judge Henderson returned yester-
day from Washington where he had
been presenting one phase of the oppo-
sition to the advance. Chairman
sChorne will be home this week.
The big feature OF the argument, as
It developed. was the raising OF an en-
tireiy new point by Attorney Brandeis,
who was employed by the commission
to handle the defense. Mr.. Brandeis
declared his belief that under the law
it is not within the power Of the in
terstate commerce. commission to
grant blanket or horizontal raise Of
8 per cent or any amount. He pointed
out that the procedure followed in all
other cases and seemingly commanded
by the law is to have the commission
consider each and every item sep
arately. In other words, If an advance
is proposed on any one article of COM
merce 1t is the right of persons inter-
ested in that industry or article to de-
mand and get separate hearing on
that matter alone. Therefore any or
der authorizing or allowing a horizon
tai increase would be illegal.
Mr.. Brandeis further presented the
claim, in forceful way. that even If the
commission has the power to make a
horizontal raise, without hearing as to
each item, the showing made has not
been such as to warrant the order. In
short. the railroads have not made
their case.
Thorne and Brandeis Disagree.
But, here Mr.. Brandeis and Mr..
Thorne parted company, apparently,
in their arguments to the interstate
commerce commission. Mr.. Brandeis
conceded that the railroad companies,
especially those in central traffic ter1
ritory. are not now receiving suffi-
cient revenue. Mr.. Thorne denies this
and commended they are receiving suf-
ficient revenue a. indicated by their
own showing.
Mr.. Brandeis would have the addi-
tional revenue he admits the railroads
ought to get, secured by proper charges
for services that are now performed
by the carriers free. He pointed out
that there is immense loss of revenue
by the railroads now. The investiga-
tions Of the commission show this to
be true ~Orders Of the commission al
ready made look to cutting OF some Of
this free service and eliminating the
determination which IT IS alleged to
mean. It was the Brandeis contention
, that with proper charges made for all
services and getting rid Of ali the dis
ordinations in favor Of big, shippers,
the revenues then Will be sufficient.
Special Points Argued.
Mr.. Thorne has taken the other tack,
and has argued that the, revenues. as
reported by the companies themselves,
are sufficient.
Others in the case argued on special
points. There was some strong argu-
ment against the proposals Of the rail-
roads because of the lake competition
and declaration that their plan would
mean elimination OF this competition.
The printed brief and argument Of
Mr. Thorne was the most vo1uminous
presentation of the matter than went
10 the commission. The brief was not
finished until after Mr.. Thorne started
for the east week ago. It was
printed. or the printing was finished.
after he went to Washington and he
secured permission to file it for the
use Of the commission in deciding a
case which. it is alleged: is Of mil
lions Of dollars interest to the rail-
roads and the shippers