The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-08-09
IN RATE BATTLE
Attorneys for Railroads Fight
1t Out With P. U. C.
Hear Application for Injunction
to Block Freight Rates.
IN A CONVERSATION FIGHT
Rate Counsel for Santa Fe In
terrupts Helms Statements.
Coleman Attacks Good Faith of
Utilities Commission.
\ A CONVERSATION FIGHT

Judge Cottral of Oklahoma is ref
ereeing a running conversation fight
here today between an army of coun-
sci for railroads and Judge Helm. rep
resenting the public utilities commits
sion. in the commissions application
for an injunction to block alleged dis
ordinations in freight rates. Judge
Helm was given a clear track during
the morning proceedings in state
ments and Introduction of oral testi-
mony-which the court pointed out
was not in keeping with procedure
but the court reserving final decf-
sion as to adnlissibility of any and
all statements and testimony.
1t was a red hot running fight which
was staged before the federal judge
today. Time after time James A.
Coleman of Chicago, rate counsel for
the Santa Fe, apologetically interrupt
ed Judge Helms lengthy statement.
The utilities commission lawyer made
no attempt to conceal his resentment.
But Coleman, who is presenting the
case for the railroads-backed by
some score of carrier counsel at the
hearing-drilled into arguments of
the states attorney and demanded a
definite statement of his position
Trying to Set Aside Order.
In a brief. snappy statement of op-
position to the injunction application,
Coleman declared the state was try
ing to set aside the interstate COM
merce commissions interstate freight
rate order rather than uphold it. He
charged Judge Helm with substituting
language not included in l. c. c. ex-
pressions in the restraining order
which he procured last week in Okla
homa. He denied that the federal
commission had made any reference
to discrimination in distance hauls
and that the present state contention
was a subterfuge.
Judge Helm went into lengthy re-
view of rate matters-from the
Shreveport case to the war period,
final passage of the transportation
act and the I. C. c. order for a 35
per cent freight rate advance. Sew
eral times he discussed powers of the
commission.
DO you contend the interstate COM
naerce commission order is illegal %
demanded Coleman.
Helm objected to interruption. Cole
man apologized. But in minute he
was on his feet again. 1t was the
same question.
Question Right to Fix Rates.
'1n a hearing before the United
States supreme court, we question the
right to fix state rates. he said. But
for the purpose of this hearing we ad-
nit the commissions authority"
Then why do you persist in pre-
senting the issue?"
My remarks are advanced to coun-
sci. not to the court
A few minutes later Coleman was
back again.
Wont you please state your con-
tention-not what ours will be?''
II am getting to that" retorted
Judge Helm. "I am sorry Mr. Cole
man is getting restless. Maybe he
didn't sleep well last night"
Only a few minutes and Coleman
was on his feet again. He demanded
that the state attorney define issues.
The court said Judge Helm should
have ample latitude. II assume" said
Judge Cottral dryly. "the Judge won't
wish to talk long" Argument had
proceeded nearly an hour.
TT is perfectly all right for counsel
to make these statements" retorted
Coleman, but we hope the court
won't absorb them since they are not
in keeping with the facts"
In a 20 Minute Talk.
Judge Helm concluded his remarks
after 20 minutes talk. He claimed
discrimination against intrastate ship
pers would be shown on the basis of
distance hauls. He said a number of
witnesses would be called. Judge Cot
trail hesitated. Couldn't the subject
be covered in affidavits? Oral testi-
mony in federal injunction cases was