The twice-a-week Twin Falls times. (Twin Falls, Idaho) 1916-1918, 1918-03-26
RAILROADS AFTER THE WAR

hAAADVtht' ~ In - - " 49,
The question of the operation of the
railroads after the war is one that will
not down, although congress has pass
ed the measure providing for the re-
turn of the property to its owners Il
months after the close of the war.
A discussion has arisen as 20
whether congress at a future session
can legally extend that time. Attor-
neys for the railroad companies de-
clare that it cannot be done. That
the resolution passed by both houses
is in the nature of a contract with
the railroad owners and that they can
compel its execution through the
courts.
Congressman Lenroot, of Wisconsin,
now a candidate for the United States
SENATE declared in debate that a later
congress could modify the provisions
of the resolution that has been adopt
ed
Railroad attorneys reply that the
railroads were taken over as a war
measure and that they must be re-
turned to their owners as soon as pos
sible after the war. These legal men
do not deny the right of the country
to take the railroads through legal
process at any time, but they say that
a permanent policy for government
ownership must be based on an en-
tirely new agreement, and that they
can be taken over by the laws of emf
neRt domain only with the rights of
the owners reserved to appeal to the
courts for adjustment of the price.
IL, ltt1 a oil +
league has submitted to various mem
bers of congress a bill for the taking
over Immediately of the land and wa
ter transportation systems of the
country. This measure provides for
taking over the roads at a physical
valuation basis and that all grants
made to the roads by the government,
by states, cities or counties, that were
obtained through fraud or corrup-
ton of public officials" shall be sub
stracted from the purchase price and
returned to the government, the state,
city or county from which they were
obtained.
1t is declared that this is. merely
the first government ownership bill
and is submitted as a basis for further
proposals along the same line. They
are now looking for a congressman to
introduce it.
The above excerpt taken from a
news letter sent out by the NonPar-
tisan league, calls attention to a phase
of the railroad issue which has been
the subject of a great deal of misun-
derstanding. Waving the mooted
question. whether congress may OF
may not modify the law under which
the roads are to operate, so as to ex-
tend the time of government manage
ment. it is certain that they cannot
constitutionally be held permanently
/ by the government in time of peace
without an understanding with the
railroads, unless the question of COM
pensation shall have been determined
by the courts or mutually agreed
upon
There has been a great deal of mis-
taken criticism of the government
regarding the compensation paid t.
the roads, and it has been assumed
that the nation had the right to take
the lines and pay what it pleased, OF
nothing if it pleased, regardless of di
rect constitutional provisions cover
ing the taking of privately. owned
property for public use. The power o
the nation to take the roads for wal
purposes or. (as the roads have beer
held to be public highways, for peace
purposes cannot be questioned, but
/ must pay for them either the compen
sation agreed upon by the government
and the roads, or the compensation
declared fair by the courts.
, In order to get the roads under eff
fective operation as soon as possible
experts were sent by the government
to ascertain by a study of the earn
r ings of roads, and by consultation
: with the legal department of the ma
, tional government. what under tn
law would be considered a fair com
/ pensation. In other words to try 4
t determine the lowest figure at whicl
t the nation could secure the railroad
] for use during the war. without enter
= ing a doubtful lawsuit In this al
- data from the interstate commerce
? commission and other investigating
commissions was. of course, available
e From this was figured out the amour
which in the opinion of the legal de
5 partment of government and the in
e terstate commerce commission tn
e courts would. under the law, be justi
: fled in awarding. and an effort wa
5 made to secure the roads as cheapl,