Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1915-01-31
PRODUCERS WILL
GET NEW HEARING
BEFORT THE 1. G. G.
Common Carrier Law Past History;
Pipe Lines Wholly within Their
Rights Review of Case.

Rights; Review of Case.
At the instance Of the independent
producers Of Oklahoma the interstate
commerce commission has resumed
consideration OF the old rate case,
docket No. 4199 in which hearing
was held in Tulsa I'm 1911.
They are taking 1t up where 1t was
dropped in 1912, when the jurisdic-
tion Of the commission in the Prairie
oil & Gas CO. and other companies
was raised.
There is no question that some
sort Of an answer will be made in
this case That is certain.
Producers expect this order to re-
lieve the present pipe line situation
so far as common carrier and rates,
rules and regulations are concerned,
and to make such changes as will en-
able every producer to ship his own
oil az reasonable rates without pro-
hibtive restrictions handiCapping his
sales and shipments.
The producers also expect the com
mission 10 prevent uopOliZation
OF pipe line facilities by big shippers.
Common Carrier Question Settled.
Discussion OF the question whether
pipe lines should be common carriers
carriers by what is known as the
Hepburn Act OF Congress, which was
approved by the president on June
90. 1906, and is found I'm "a statute
at Large, page 5S4. All discussion
az this time OF the proposed legisla-
ton in Oklahoma will go for naught
and for the reasons as above stated
that the pipe line question Of com
mon carrier Is a thing settled by con-
grcss approved by the president and
upheld by the supreme court OF the
United States. and no law In Okla
h0ma contrary 90 that law will bc
either effective. give relief or DE
constitutional Furthermore. there is
no possibility of repeating this law
Hence discussion rs little less than
foolish
Must Filc Regulations.
The Hepburn act requires an CONF
mon carriers o. prescribe just and
reasonable rates rules and regula-
tons for receiving handling. trans
porting storing and delivering all
commodities
All common carriers are required
20 file their rates rules and regula-
tions with the interstate commerce
commission. which body alone has
power 90 investigate. change or re-
wise such rates. rules and regulations. /
Investigations Of rates, rules and /
regulations of common carriers may
be instituted before the Interstate .
commerce commission in one OF three /
ways:
First-Any person. corporation orr
association may file complaint
like petition in an ordinary law /
suit-briefiy stating the facts COM /
planned of
Sec0ud-Whcncye "a railroad COM /
mission Of any state requests the in /
terstate commerce commission TO in ]
vestIEate any specified rates rules or .
regulations it becomes the duty of .
the interstate commerce commission +.
O. make such investigation.
Tn either ~ these two procedures. .
tho complainant must pay the costs
OF the proceedings, which ordinarily
would reach a sum near the 100000 .
mark In going all over the United .
States, getting depositions, witnesses
10 Washington, attorneys fees, etc, !
and that Is the principal reason why
the common carrier rule has not been
invoked during the past eight and
one-half years, pending cases before
the commission and the courts.
Third The interstate commerce
commission may. ON its own initiative.
institute such Investigations, and then
the government pays the cost
Gulf and Texas Admitted II.
After the passage Of the act OF
June o. 1906 the Texas and Gulf
pipe line companies admitted that
they were common carriers, and filed
their tariffs rules and regulations
with the interstate commerce COM
mission Tho Prairie contending that
IL was not subject to the law, refused
20 file such tariffs, 10 will be re-
membcrcd.
ON June s. 1911 the interstate
commerce commission. on its own
notion instituted am investigation
into the rates. rules and regulations
and practices OF 90 pipe lines all the
known pipe lines iu the United
States
A hearing was held i'm this case.
Docket No 4lgg. In the Matter Of
Pipe Lines in Los Angeles Houston.
and I'm Tulsa Thereafter hearings
were held at various eastern points.
10 finally developed I'm "a hearing held
In New York city. I'm January. 1912,
that the Prairie and twelve other pipe
lines had not filed tariffs and re
fused 20 do So on the ground that
the Hepburn act was unconstitutional /
The interstate commerce commits
sion then stated that the iurisdictlonal
question would be settled first. after
which the rates. etc would be taken
up again
Fail ~ File Tariffs
on June 3. 1912. the commission
decided that the Prairie and other
pipe lines are subject to their iuris- |
diction and ordered them 10 file /
tariffs.
Instead Of complying with this
order these companies secured an
Injunction from the commerce court |