The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1889-01-09
NOT THELAW'S SFAULT
Judge Cooley Talks to Boston Mer-
chants About the Effects Of the
Interstate Commerce Act.
THE EVILS OF POOLING.
Roads Which i've Up to the Law Have
No Reason to Complain-The
Combination Between Scalp
ers and Ticket Agents.

BosroN, Jan. S-The annual dinner OF
the Boston Merchants association, which
took place here this evening in the Hotel
Vendome, proved to be an occasion OF up-
usual significance. Among the invited
guests were Chairman Cooley, OF the inter.
state commerce commission; Prof. Ely, OF
John Hopkins University; Francis b. Thur
ber, Gov. Ames, President Capen, OF
Tufts College. Gen. Francis A. Walker.
Josiah Benton, Jr., and Gen. n. T. Banks.
After the dinner Combination and Compe-
tition" and allied subjects were announced
ms the topics for discussion.
Judge Cooley was the first speaker. He
said in part: "The urgent call for modi-
tication OF the Interstate act, which comes
from railroad circles, has sprung up re-
Gently The period during which
most benefit 10 the rail roads is
precisely that during which It's provisions
were best observed. think that an unde-
niable fact, and II II Is, II is deserving Of
more attention than up 10 this time IL has
received from the managers of railways.
II was also the period during which the
law was complained OF least. There are
very vigorous complaints now. They TO-
late mainly 10 the clause OF the act which
forbid q greater charge on shorter haul
on the same line In the same direction
where circumstances and conditions are
similar, and that which makes pooling un-
lawful The first mentioned clause EN-
bodies a principle right In itself. In many
sections OF the country the roads have
come into conformity with IL, and
have not suffered loss from doing 50. In
others IL has not been found practicable TO
do so, at least Immediately; but the difii-
culties will diminish as the managers come
TO a better understanding among them
selves. The law Intends that the railroad
business OF the country shall be done
openly and with full publicity. This equal
and Just purpose Is defeated by contri.
vances that are clearly opposed 10 the intent
Of the law, II not TO its terms. Now when
parties are thus busy In contriving methods
for rendering the law OF no effect, and their
evasions OF Its purpose are seen 20 have a
direct tendency 10 diminish corporate reve-
nues, they are hardly the parties 10 put
themselves upon the stand 10 prove that
the law Is an injury TO their roads.
made for pooling Is rsdicIly
unsound and vicious. because II rests upon
an assumption that violation of the law
by one Is Justification for violation by
another. The sentiment In railroad circles
on this subject Is not only opposed 10 sound
puDlic nOfhiity, Dut IL ntctthhfily Wnus 10
the preparation Of the very evils under
which the roads are now suffering.
Pooling with legal sanction would have
all the elements OF weakness that attended
the old pooling, except one. When the
pool as IL used To be formed, broke up,
there was no enforcing such obligations as
had been incurred while II existed. There
was no compelling the payment bf bal.
ances. With leRalized pooling there might
be n power To do this. Pools aDtagonize a
leading and most valuable principle OF
industrial life In their attempt not no curb
competition merely, but a. end IT, All
these things 20 to show that something
else needs reforming besides the law. One
who investigates the railroad disorders will
be surprised 10 find how many 0f them.
though plainly opposed to the spirit Of the
law. may still be practiced legally. A cry.
ing evil In the railroad service Is the comb.
nation between the scalper and the general
passenger agent This will be broken up
Just as soon as there are applied In railroad
matters the maxIms of business prudence
which are expected 90 control In other in
terests. II speculation In railroad stocks
could be rendered impossible, we
might hope 10 have the time
when the question what Is right and
wrong In railroad matters would be heard
good deal oftener than II Is now, and the
question, what can be done In evasion Of
the law. without encounterlng It's penalties,
a good deal more infreq quently.