The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1894-09-15

TO execute its DEGREES but il is also like ths
| court IN that IL is not TO wait for injured
! parties 90 appear at its door 70 prefer their
/ complaints. It is actively and aggressively
| TO inquire into the management OF the
! business of all common carriers" and To
keep itself informed as to the manner and
| method In which the same l. conducted,
and TO obtain from them "iUll and COM
plete information necessary 20 enable the
commission TO perform ana carry out the
| objects TOR which IL was created. IBcse
extracts are all from the first Clause OF sec
| ton u of The act. following this is tue
next clause QUOTED SUPRA which lays upon
the commission broadly, the duty TO see 20
| the enforcement OF the wise and bench
| cent provisions of the act; and to that end,
whenever Il proper case Is found, Its duty
/ Is plainly TO call upon rhe United States
| through its appointed officer, the district
| attorney, to institute the necessary pro-
ceedings to right the wrongs and correct
| the abuses found to exist The language
OF this clause IS imperative: rs anthor-
lied and required 10 execute and enforce "
| And upon such request the district attor-
ney shall institute in the proper court"
necessary proceedings for the enforce
ment OF the provisions OF this act"
In accomplishing the enforcement OF the
civil features OF this act the commission
bears much the same relation 20 the cours
that the grand jury does IN criminal mat
tcI-. Dy tue UltluOuo the
act, and they are ample, the commission
is TO keep itself thoroughly informed
as to all the operations of every
common carrier in the l nlted States
engaged in Interstate commerce, aud when
ever in the course OF its Investigations IL
discovers abuses which affect the public
commercial interests iujuriously, its duty
is at once TO have such abuses suppressed,
and If need be to call in the strong arm OF
the government through its appointed
courts to enforce the provisions or the law.
In this case the allegation is made that
the action Is prosecuted in pursuance of
the request OF the interstate commerce
commission Of the United States" These
prerequisites Tor the bringing of the action
are safeguards against the ln1lscrlmiDate
and ill-advised prosecutions aoprehended
by counsel for defendant. IL IS not to be
supposed that the commission and the at
torney general of the United States would
lend the sanction of their authority and
direction TO institute such proceedings, ex-
cept in cases where after due consideration
their judgments dictated the necessity for
the iuterposition OF the strong arm OF rem
edial justice.
Without attempting to follow counsel in
detail through the able and exhaustive
presentation of cases in their briefs, the
court is of the opinion that the course par
sued IN the bringing of this action Is sus-
taIned by the great current OF authority as
applied to the acts of congress under
which It is instituted.
The invasion of great property rights, as
distinguished from questions of mere SEN
timent or public policy, are in apt terms
alleged in the bill. These property rights
are such by the act of congress the |
United States is bound to protect and en-
force aud by court of equity alone could |
any full aud complete remedy be afforded. |
The demurrer of the complsinants' bill is |
therefore overruled.