Arizona republican., 1916-11-24
IT OWL Y REMAINS TO
 SELECT THE CASEAND
 SUPREME COURTNEY
Republican A. p. Leased wirel

WASHINGTON, Nov, 23.-Confei - cnce between Attorney General Greg Ory and counsel for important railway systems of the country, looking to the expedition to the supreme court of one of the suits attacking the constitu- gionality of the Adamson acU, virtually we're concluded today and the ques- ton Of which shall be made the test case was placed in the hands of de- partmeNt of justice attorneys and le- sal representatives from the railroads now in Kansas City.
 IL was said tonight that in the con ferences here to form of the agreement between the attorney general and the railroad lawyers was in substance de- Cided upon. and that the only matter 10 be determined in Kansas City is whether the suit of the Missouri Okla homa and Gulf railroad decided yes terday against the government or that of the santa Fe, set for hearing to- morrow shall be made the test case. Terms of the tentative understanding were telegraphed by the department 10 G. c. Todd. assistant to the attor- nev general in charge of antitrust prosecutions, now aiding in handling the Kansas City cases and by counsel for the carriers to Walker D. Hines. counsel of the Santa Fe.
 In substance the plans provide that both the department and the rail- roads agree in every way to expedite and actively press the case 70 be de- termined upon in a final decision in the supreme court and that during the pendercv of these suits. the gov 'rnmeut will not begin any prosecu- tons of carriers for failure to apply
 
 riers will institute no more suits. and at its determination both parties to the agreement will be bound hy the suprems court decision. the carriers agreeing not to bring such actions if the law is found constitutional anl to drop all others Neither part is bound bv the agreement to refrain from efforts to obtain legislation which might change the Adameon act.
 It was explained tonight that the question of choosing a test case had been put in the hands of the attorneys in Kansas City because of the lack cf sufficient information to warrant an investiga ton
 A H Harris of the New York Cen tral. F. l. Gowen and Frederick D McKenney of the Pennsvlvania. and C. M. Dawes of the Burlington. who have participated in the cSnference here approached the department snokesmen for the railroads generally. Their authority now has been dele gated to Mir. Hines. who is a mem her of the conference committee of coun- sel for roads west of Chicago and there is no doubt that what tever- he | agrees upon will be acceptable to them.
 The joint congressional committee investigation of transportation began fis work in earnest today with A. P. Thom. counsel for the railway ex- ecutives advisory committee. sDeakins for two hours and half on railroad problems of the day. He will continue tomorrow and may not end his argJ- ment before the end of the week.
 Mir Thom went srto many phases of railroad conditions but dwelt parti H. larly on their need for credit if they are to extend and keep transportation facilities un to the standard the public demands. He said that in the last 6 years the passage of railroad secu-i- ties constituting transactions against the property had increased from 1 per cent to about 65 per cent of the total securities and predicted that fi- nanciers who would come before the committee later would testifv that tse danger line had been reached. The in . Vesting public, MT Thom said. de- handed six per rent return ard a three per cent surplus yearly fund to provide against lean years. and surn return is almost impossible on rail- . road stocks under present conditions 1 He pointed out that Europe not only 1 has ceased to take Amerioan railway stock. but is selling back hrndreds of millions Of tFose onoe owned and that the new rnorev to keep the roads ! going to extend them. and to open J9 i vast undeveloped fields. must core from the American people who are now unwilling to invest.
 TIT government ownership or rnil- | roads comes in this country. said N~. ! Thom. "it will he because of the nee | of public credit which private ones cannot supply" He added that in his 1 opinion one wav to reduce the cost os living is 10 give the railroads cap tal | to onen up new territory.
 The decision of the Amerioan re9- ! ple has gone forth " said the witness | in conclusion. "That the railroads mus' stay out Of politics. They should s"e{ to it that the side that wants to at- tack the railroads stay out Of politios i too. I pleaded for nom partisan reg ulafion of railroads that would give | every gIiara ntec n0ssible tat ones- tions shall hn decided on r~incirls nr | huSiness righteoTsness and no. on | principles of political expediencv."