The producers news., 1927-06-24
THE ELKHORN BRANCH ABAN-
DONMENT

The following first page Editorial appearing
ast weeks Boulder Monitor in reference to
ecent reversal of the State Railroad Commissi
y the Interstate Commerce Commission, in tn
rder, so peculiarly issued, finding for the alb
of the Elkhorn branch, tells the story
his act of the servile Railroad Commission. ;
o nearly reflects our sentiments, that we publ
he same herewith for the perusaI of our reade
The Interstate Commerce Commission on
Monday of last week refused the Northern
Pacific Railway company permission to re-
move the Elkhorn branch. The ruling was
surprise even to those who had fought
so hard to retain the line, as they had fear
ed that the betrayal of the people by the
State Railroad Commission would prove
fatal.
The ruling of the federal commission is
well merited rebuke to the Montana Rail-
road Commission, which double-crossed and
lied to the Attorney Generals office and
the other protesting parties.
In justice to Lee Dennis who in January
become member of the Montana Railroad
Commission, it should be stated that he was
not party to the recommendation that the
road be abandoned The recommendation
was made Immediately after the election
last November, but was not announced un-
til after adjournment of the legislature.
Meantime Secretary Toomey and Commits
sioner Young had repeatedly denied to AS
slstant Attorney General Angstman, Sena-
Tor y. n. Joffray, County Attorney John
son, and Frank Edwards that anv recon-
mendation had been made Commissioner
Young when confronted with the Montana
commissions ORDER denied that the ruling
had Deen made or even discussed, and still
sticks manfully to his story.
Secretary Toomey, however, after MANY
denlals, was forced to admit the making of
the order. He stated that the order was
unanimous on the part of the commission.
thus indicating that Commissioner Young's
statement was inaccurate or his memory
LaulCy. IoOmey added, however, that he
may nave signed the order for all three
commissioners which raises the question
Why the people of the state should nav
tnree salaries of three unnecessary commits
sloners who are mere figureheads and do
not even take the trouble to read orders
OF such vital Importance to the state. Since
Chey 90 not even sign their names but al
low the secretary to do that, it is not clear
why the state should be required to pay
Chem 9Iz,UOO year for the use of their
names The people can save that amount
by letting the secretary sign his own name
instead.
When asked why he had heretofore de-
was held for the l. C. G. and could not be
announced only by the /. C C. However.
the state commissions recommendation in
the BltterroOt branch hearing, the Marvs-
vile branch hearing and others held for the
L. G. G. have always been announced
promptly. The fact of course is that the
commission dared not announce their Elk
norm branch recommendation until the leg
lslature was out of the way. and did an
As for Mr.. Toomey, the people of the
state Will no doubt remember his services.
1t VIII be remembered that he ran very
poor second for the Republican nomination
for Attorney General in 1924. Since that
tlme, however, he has become better if not
more taVorably known, and his services will
De remembered by the people. 1t is quite
conceivable that the local protesting parties
might not have had such effective aid from
the Attorney Generals office, had Mr.. Too
mey been in that office
county Attorney johnson attributes the
favorable ruling of the l. C. c. in oreat
part to Frank Edwards of Helena. who in
IeCters to Congressman Evans insisted that
at least one member of the l. C. C. read
Ihe transcript of the hearing rather than
leave the matter to subordinates. In view
OF the fact that their subordinates had
concurred with the recommendation of Mr.,
1oomey who spoke for the Montana Com
mission, the final decision was apparentlv
IN fact made by the 1. C. C. itself
1naI result, however, could not have been
OoCalned without the effective work done
at the hearing by Assistant Attorney Cen
eIal AhgSCman, Frank j. Edwards, County
Attorney johnson, Representative s n
movies and others who brought ont the
case for the protestants. Final telegrams
TO the President, and to the Montana sena-
tors and congressman enlisting their COON
efauon may also have been of effect
1t Is very possible that several results
may come from this incident, all of which
should prove of benefit to the state:
First, that the Montana Railroad Com
mission may IN the future exercise more
care IN the selection of their secretary:
Second, that if the Montana Railroad
commissioners are mere figureheads the
state may well save $4,000 in salaries and
an unlimited amount in expenses bv elm
mating them.
Third, that the Montana Railroad Com
mission or its secretary, or both. NAV he
the state PO0pi0 u
Fourth, that the State Board of Fonali-
zation may be asked to explain wbv tbe
Elkhon branch is worth $4,000 for rate
purposes, and only $4,000 for taxation pur-
poses. PN'1
An investigation of these matters will he
OF great interest and value to the people of
the state of Montana.
The Railroad Commission has become the yer
orm appendix Of the body polite of this comm
'ealth-and it seems to be infected and inflam
IL seems that the time has arrived for the $
cons knife: an operation is expedient.
1he Railroad Commission has cost the taxp
RS OF this state over two millions of dollars 81
was contituted and it has never been wo