New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-11-24
ADAMSON TEST
DECISION TO-DAY
Agreement Reached to
Abide by Action in
Kansas City
r. r. REGULATION
PLAN UNDER FIRE
Newlands Commission Is
Told 1t Prevents AIDE
quate Facilities

"a case 10 test the constitutonality OF
the Adamson law in the Supreme Court
waits tonight on conferences between
the governments special attorneys and
counsel for the railroads who are now
IN Kansas City.
The question at issue Is whether the
Missouri, Oklahoma & Gulf suit de-
eided against tho government yester-
day. or the Santa Re suit, which was
postDoned to-day until tomorrow, is
more typical Of the general questions
raised By the railroads against the law.
Il is expected a decision will be reached
tomorrow.
A draft Of memorandum drawn to-
day By the Attorney General and coun-
sci representing all the roads involved,
containing a tentative agreement on the
proposed test, was telegrapbed 90 Kan
sas City. Il was practically agreed that
the judgment of the men IN Kansas
City would be accepted by both sides,
but both suits may be rushed to the
Supreme Court
Attacks System Ct Regulation
Meanwhile, the Newlsnds commits
sion, beginning to-day It's investigation
Of the country's transportation facili-
ties, heard some startling declarations
from Alfred r Thorn, counsel for the
Railway Executives Advisory Commit
tee. He outlined what the RAILROADS
consider the glazing defects in the
present system Of regulation and the
changes which they regard as essential.
"The present systems Of regulation, y
said Mr. Thorn, "are entirely adequate
TO protect the public against exorbi-
tant rates, but are not adequate TO in
sure 10 the public sufficient facilities
for its present and future require
ments. There can be no reasonable
contention that an adequate supply of
transportation facilities is now assured
the public, either for its present or its
future needs
Development Hampered
Present day methods Of regulation,
Mr.. Thorn asserted, are based on prin-
ciples Of repression, correction and
punishment, born Of "a passionate pro-
test Of the people" against ancient
abuses. Railroad development is
hampered. he said, railroad credit inn
paired and the development Of national
resources prevented.
"The cost OF living" he said. ais still
advancing. Is it not rather funda,
mental question OF supply? There are
fields, mines and forests yet 20 be de
veloped. Yet with this problem before
us We have by some force put a stop tC
the construction OF railroads into new
and undeveloped territory. Can We
conclude that the public has adequate
transportation facilities? viii the
people be satisfied with statesmanship
which halts facilities at that point Of
inequality ?"
The spokesman for tho railroads
painted a picture Of the railroad in
dustry Of the country becoming stag
nant ana paraiyzed, breaking dowl
under the present system Of regulation
Capital. he said, which formerly fOwe'
freely into the railroads as invest
ments. has practically ceased coming
lie also pointed out that Europe can T.,
longer be regarded as a source of CAPT
tai for American railroads.
Politics Should Be Kept Out
"The public demands growth and ex
mansion declared Mr.. Thorn. 81
credit is withheld from the railroads
either the country viii be blighted Of
the government must take over th'
lines. u the government ever owns
and operates the railroads II Will b'
because of considerations Of credit
because private sources of capital arr
not ayt liable. The investor must bl
aurac ed. lie cannot be coerced.
"Iht decree has gone forth from
the American people that railroad
shall stay out OF politics, and the rail
roads with whi,h ] am acquainted do
stay out OF politics The same wis
sentiment should keep the other sid
out. Railroads are business inst!tu
TOMS; IL they are 90 survive they mus
not De subject 90 political management
"The railroads accept the view tina
regulation is permanent and endurlni
part OF government In America AM
that the first duty of the carriers !
30 the public. That duty is 20 afor'
reasonable facilities on REASONABLE
terms and az reasonable rates, and thi
must be done before any private inter
Csts can be considered. They ask tina
all their proposals be measured by tn
standard of public interest, and appre
cIatc that NJ any proposal fails 20 com
up % this standard u must be dis
carded.'
The real interest Of the public, Nh
Thorn contcnded, is in being assure
OF certainty, safety and suihciency o
transportation facilities rather than il
rates.
This Is illustrated" he said, %.
the sentiment Of the country this sum
mer, when 10 was menaced by III
prospect Of an entire suspension 0
transportation. In such an event bust
ness men would have been willing Q
pay almost anything 20 get thei
goods 90 market. 10 is illustrated again
by The present car shortage. whei
tho comfort and business Of the publ
are seriously menaced by the failuri
30 obtain ears.
"Thc cmbargoes placed last sprini
were largely due 20 inadequate ter
minsls ben some parts Of the country
which laid their oppressive hand upoi
business % such an extent that Com
missioner Clark put himself az tn
head OF a committee of railroad mel
20 try 20 work out the problem: an,
the difficulty. is still unremediod be
cause Of the fundamental lack o
facilities 10 is also illustrated by th
difficulty experienced IN the handling
OF the large increase Of business a