Evening star., 1924-11-20
HIGH COURT KEEN
FOR DATA ON RAILS
Lawyers Closely Questioned
on |. c. C. Valuations of
Nations Roads.

Seldom has the Supreme Court
demonstrated by queries propound-
ed to counsel keener interest in
case than was shown yesterday dur
ing the argument of the appeal of
the Delaware and Hudson and other
Eastern railroads to have reviewed
the tentative valuations placed upon
their property by the Interstate
Commerce Commission The steady
stream of questions from the bench
gave counsel on both sides little
time for anything except to answer
them.
The court seemed particularly in
tcrested in developing whether In the
event it should refuse to examine
into the tentative valuations fixed
Ivy the commission the carriers of the
country would have an opportunity
for "A judicial review of the valuations
after they had been made final and
before The commission used them as
the basis in Iate-making, in the re-
capture of excess earnings and in
other administrative acts.
Roads Ask Protection.
The advice to the court was con-
fictins. II. r. Newcomb counsel for
the railroads, insisted that the car
ricrs should have the protection OF
the courts in revising the tentative
jury would be done the railroads
should the commission be permitted
!" continue to use. as he alleged IL
was now doing, the tentative valua-
tions rs prima facic evidence. He
insisted that the work of the COM
mission in making the valuations
had been unlawful in that certain
items specified by Congress to be in
cluded Rad been ignored.
Justices of the court. after devel-
opin@ that the railroads bringing the
suit had filed protests with the COM
mission. wanted to know why they
had not prosecuted them instead of
appealing to the courts. Some Of the
justices suggested that if objections
Of the railroads were presented to
the commission it might revise its
tentative valuations before making
them final and remove all grounds
for complaint
Calls Valuations Unlawful.
Such results were not considered
probable by the carriers, Mr. New
comb told the court. He stated that
he action of the commission upon
the complaints of the railroads with
regard to the items which congress
intended should he included in the
valuations had convinced the car
ricrs that no material changes would
hc made by the commission. 1t was
not only Il loss Of time in looking
To the commission for relief, he said,
hut it was highly important that the
courts should promptly interfere to
prevent the commission from con-
tinuiug to use what he termed the
unlawful tentative valuations.
Counsel for the railroads also con-
tended that the commission had
failed to furnish the railroads the
data which Congress had provided
should be given them to enable an
intelligent prosecution of a protest
before the commission, and explained
that the present suit sought to CONF
pei the commission to furnish such
data.
U. s. Counsel Disagrees.
Government counsel disagreed with
Mr. Newcomb in substantially every
essential feature of his complaint
blackburn Esterline, as counsel for
the Department of Justice, and L. j.
Farrell for the commission, en-
phatically denied that the railroads
were threatened with injury from the
tentative valuations. 1t was the in
tention of Congress that the valu-
alton Of railroad property used in
transportation should he made by the
commission. Mr.. Esterline contended.
and, should the railroads succeed
in their present effort, the work
would be done by the courts and not
the commission.
Both Government counsel assured
the court that the railroads would
have ample opportunity for a judicial
rrview on any final valuation. and
that in the meantime the commission
was not using the tentative valu-
ations as prima facie evidence in any
proceedings.