New-York tribune., 1920-01-07
Rival Lawyers to Appear Be-
fore Congressional Con-
ferees on Section Six of
Cummins Road Bill
Unity Urged by Elliott
Willard Starts Discussion
Over Finance Provisions;
Lovett Plan Is Indorsed
New York Tribune
IVdShin utoY Bureau

Washington Bureau
& WASHINGTON, Jan. GA split on
the question of supporting or opposing
Rthe section of the Cummins railroad
bill which provides for a fixed per-
eentage rate return and excess profits
reduction has developed among the
railway executives, it became known
here to-day. The failure to get to-
gether on the question will result in
rival groups of railroad lawyers ap-
pearing before the Senate and House
conferees on the bill to approve and
oppose Section 6.
The opposing view of the executives
developed first at general conference
OF the Association of Railway Execu-
tives yesterday. Discussion on the
financial provisions of the Cummins
bill was precipitated by Daniel Will
lard, president of the Baltimore &
Ohio, and Howard Elliott, head of the
Northern Pacific. Mr. Willard argued
that although Section did not provide
all that might be desired, it neverthe-
less was in line of constructive legisla-
tion, and with modification he insisted
1t should not be opposed by the execu-
tives. AS he viewed it. without fixed
percentage return, with take-off es-
sent1al to securing such return, there
was little hope for the railroads except
eventual government ownership.
Action Urged by Elliott
resolution offered by Mr.. Elliott
called for the appointment of a COM
mittee to confer with other organiza-
tions on Legislation with view toward
unity of action. Judge R. S. Lovett.
chairman Of the board of the Union
Pacific Railroad, offered an amendment
to the Elliott resolution urging that
the committee should not be empowered
to commit any railroad on the question
OF excess earnings without the con-
sent of the railroads affected.
The vote apparently gave consider
able concern to the officers of the asso-
ciation, who have been opposing the
provisions of the Senate bill, in that
while Judge Lovett's proposition was
carried, there were sixteen votes
against it, rejecting the views of those
who supported Mr.. Willard.
Other executives expressed them
selves as approving the attitude of Mr..
Willard, although desiring to confer
with their associates in reference to
the subject before taking action.
At the call of A. P. Thorn, general
counsel of the Association of Railway
Executives meeting of railroad law
yers was held to-day in Washington to
appoint a committee of lawyers to or
ganize fight against Section 6. The
committee appointed for this purpose
is headed by S. A. Neale, for many years
railroad legislative agent in Wash
in9ton.
Procedure Is Opposed
1t developed at the meeting called
by Mr.. Thorn that there was de-
cided opposition to the procedure taken
with the result that after this meet
ing a second conference was called of
railroad attorneys who had been pres
ent, and who opposed the action of
the earlier meeting.
It was determined at the second con-
ference to organize body of lawyers
in support of the fundamental features
of Section 6.
After the conference H. l.. Bond jr
general counsel of the Baltimore &
Ohio Railroad Company, said:
"It is the purpose of those Of US
who differ with Mr.. Thorn to form a
committee Of lawyers to assist in this
crisis in doing in a helpful way what
is necessary to secure constructive
legislation for the railroads.