The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-12-04

power whatever TO snforcs the orovlslops
Of the law. The courts have at all times
recognized the power OF the commission to
investigate either upon It's own notion. or
upon complaint OF any one. any charge
asainst any interstate carrier Of an alleged
violation of the law.
The courts have at all times recognized
the power of the commission TO ascertain
IN such INVESTIGATIONS the facts of the
case, and TO report the facts thus found
and TO recommend what PREPARATION shall
be made, where any violation OF the law is
found to have been committed. The courts
Rave always recognized the power Of the
commission to Institute proceedings In
Federal courts 10 punish carriers Tor VIOLA
lions OF the law: and in all such proceed
ings tho facts found by the commission
upon Its investigations are given by the
courts the full effect Of prima facie evil
dence against the carriers.
The lawful authority thus conferred
upon the commission. together with their
other duties and powers above referred to.
would give the commission all the work II
could possibly do. IL Is not content. how
ever with the work which has been as
signed II by congress. but as its annual
reports will show. II has at almost every
session OF congress attempted to procure
legislation increasing IT'S powers.
III. w. Price Chief Attorney,
New York. December 1.--Chauncey NJ.
Depew. as president of the Joint Traffic
Association, in an interview in today's
Mail and Express. takes issue with the
Views OF President Smith OF the Louisville
and Nashville railroad. antagonistic TO a
railway pooling law. I'm my opinion"
says Mr. Depew, there can be no sub
stantial prosperity In this country until the
the railroads can prosper ii an interninable
rat a 10 IN ha hot Va ham,
for one, would prefer to do business uncer
a uniform rate fixed by public body rather
than under a demoralized rate. The rail-
road business OF the last six months has
been done on the basis of demora;ized
rate. and, while the INCREASE In earnings
everywhere has been great. you will no.
tice that ii has been greatest In gross
earnings rather than net You must un-
derstand, too, that these earnings have
followed a tremendous harvest here and an
| equally great crop movement, induced by
the wheat demands OF Europe upon us,
| Seine statesmen tell us that pooling law
| is too great power to centralize in the
| hands Of any public commission, but the
absence OF one is tending on the one hand
| to create middeman's monopoly as
\ against both producer and consumer and
| at the same time to destroy the main hope
of prosperity for the railroads Prosperity,
| Ii II means anything at all. means tue dts
| tribution of wealth among the many and
over large territory. II certainly does
not mean the concentration OF wealth and
power in few hands and in a few large
| cities, The pooling Legislation which tie
| railroads are now seeking would establish
a uniform rate throughout the country and
! bring us back to the old conditions when
the farmer shipped his produce direct Ia
| the sales market aud based his selling price
on natural conditions rather than On the
arbitrary rate fixed for him by monop-
| nj