The Washington times., 1918-01-15

1uIuTS OI Iue OHlleu OIdUcS dS III
volved in actual OWNERSHIP of
railroads as ownership differs from
possession and control"
No sleight-of-hand man ever Jug
gled peas under a thimble as words
of this kind are now being juggled.
Until their meaning is decided apart
! from each other, and also in con-
nection with each other, the pub
lie will be kept guessing. And fin
ally, it may become absolutely GER
tain that it knows where the pea is
located only to find that it is un-
der the other thimble.
All this is involved in Section 13,
the last section of the Railroad
Possession and Control bill, of which
Commissioner Anderson admits that
he is chiefly the author.
| Remember the number of the sec
tion-thirteen: THAT the Federal
control of transportation systems
herein and heretofore provided for,
shall continue for and during the
period of the war, AND UNTIL
CONGRESS SHALL THERE
AFTER ORDER OTHERWISE"
! Commissioner Anderson deposed
at length on this section before the
Senate Interstate Commerce Com
mittee yesterday. There was moth
ing put on record to weaken the
/ opinion that if the bill passes with
this section in it, it will remain a
law, binding as any other act of
! Congress would be, until repealed
1 or amended.
Take out Section 13 and the rail-
road control bill might be entitled
An Act for the Relief and Co-ordIna-
ton OF the Railroads and for Other
Purposes" 1t would then remain
chiefly an act for compensating and
relieving railroads from the results
OF temporary possession and con-
troll as exercised now, before the
passage of the bill.
No one in Congress or on its COM
mittees has questioned that the rail-
roads are entitled to just compensa-
ton for all uses they are devoted
| to when possessed, controlled, and
used by the Government. The ques-
ton under the Anderson control bill
is whether there is to be ownership,
or possession, following the use an
thorized by the bill and implied
though not expressed. Ownership
gives the right to possession. Pos
session does not give the right to
ownership or imply it, though it is
Caid fhof spnccaccinp - Ms
Of the law"
Senator Cummins went on record
against the bill on this point. In
answer to his question of whether
Congress, in time of peace, would
give a single man absolute power
over transportation. Commissioner
Anderson said he thought it would
not. He defined the purposes of the
bill as operation for the railroads
and stabilization for the securities
market.
After a question of whether the
rights of shippers ought not to be
considered as fully as those of Sc
curity holders. Cummins added that
il the railroads we're TO be turned
back to their owners after the war.
they should be operated under a
lawful tribunal" He then coz
sIdered the other alternative OF per-
manent possession and of ownership
under Section 13, and gave the un~
qualified opinion that believers in
Government ownership ought to be
the last persons in the world" to
want ii established under the terms
of the bill before the committee.
The right Of the States to 90 on
taxing railroad property was then
discussed, and as far as 1t was not
left in doubt, it was left under Fed |
eral control with permission for its |
REASONABLE use. So of other !
regulations such as Jim Crow cars.
When this delicate topic was brought |
I'D by Senator Robinson of Arkansas |
there was a stir amounting almost |
to sensation is the committee room
Before the House committee. J. +.
Wettling, of the Bureau OF Railway
Economics, touched incidentally on
what is one of the sorest points with
railway managers. In fifteen years
railroads in Chicago had been com
pelled to spend $l9.000.0OO in rails
ing their tracks. This is charged III
as "betterments" when. along with
many other similar forced expendi-
lures. the witness explained that 1t
did not bring I'm additional income.
Will the Anderson bill stop these
compulsory "betterments." as the
States and great cities now force
them? Mr.. Anderson is OF the opin-
ion that the powers exercised
by the State will continue. of
course. But something indefinite
he did not put into the record
is likely to occur, if the powers OF
the States and municipalities are
shown to be unreasonable by their
results. In short. the question is
whether the powers Of the States
and their cities must be exercised
only under Federal license.
Finally, listen TO Mr.. Anderson |
when he turns the light on point /
OF the greatest Importance. He said |
that every railroad lawyer with |
whom he had talked. wished control |
to continue after the war until it'll