The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-01-07
ing unlawful concessions in railway

ing unlaWfuI CONCESSIONS III railway
rates and goes or to say:
'Thc casus omni scius of the act to
regulate commerce should be supplied by
imposing a penalty upon the incorpo-
rated carrier and beneficiary alike, and
the right of the courts to RESTRAIN such
practices at the suit of the United States
a right not settled and now vigorously
challenged, should be made certain.
1t shold be made unlawful to trans
port traffic by carriers subject to the
act to regulate commerce at any rate
less than such carriers published rate,
and all who participate in the violation
of such law should be punished.
IAN additional provisions should be
made to reach corporations, combinations
and associations which produce and man
ufacture wolly within State but whose
products or sales enter into interstote
commerce. 1t should relate. first, to
such concerns as fatten on rebates in
the transportation, and sell below the
general price of a commodity in particu
lar localities, or otherwise in particular
localities wantonly seek to destroy COM
petition. This could be excluded by pre-
venting their commodities products or
manufactures from crossing State lines.
LAS the power Of Congress over inter
state commerce is plenary, excepting as
it may be limited by the Constitution it
is believed it may impose such a punish
ment for the violation of the public
policy of the nation.
"A commission should be created to aid
in carrying out the provisions of the act
of July 2, $780, and any further legisla-
tion relating to commerce. 1t should be
the duty of such commission among other
things tc make diligent investigation into
the conduct of all corporations, combina-
tions and concerns engaged in interstate
or foreign commerce.
Such a commission should have au-
thority to inquire into the management
Of the business of such corporations and
concerns, to keep itself informed as to
the manner and method in which the
same is conducted and to obtain from
such concerns full and complete informa-
tion necessary to enable the commission
to perform the duties and carry out the
objects for which it is created. AS there
are no means now provided by law for
compelling testimony such a law must
provide that no person should be excused
from attending and testifying or from
producing books. papers, contracts, and
documents before such commission or the
courts.
"Of course, the general scheme of leg
islation to correct trust abuses should
be developed with great care for it is
not nearly Sc oprtant to act quickly
as to act wisely. Primarily the ques-
tion of the power of Congress to reach
what the Sherman act aims to have
missed, should be authoritatively de-
termined, and as upon that proposition
the whole structure of effective, regutive
legislation must rest, we should at once
take the first steps by a law aimed at
what we know to be unreasonable prac-
tices directly irrespective of freedom of
commerce upon which the future question
can be raised by a law comforting on the
government a general provisory power
as above outlined.
Another step in legislation which I
earnestly recommend, and which if en-
acted, will greatly hasten a solution of
the problem, is that an act be passed as
soon as possible to speed the final de-
cision of cases now pending and others
that may be raised under the Antitrust
Law. L refer 10 an act 10 enable the
Attorney General to secure the original
hearing by a full bench of the Circuit
judges, where the case is pending and any
suit brought by the United States under
the Anti Trust Law, which the Attorney
General certified to the court to involve
questions of great public Importance and
appeal from their decision directly to the
Supreme court of the United States.'
1T is not too much to say that with
these gaps closed the scheme of govern
mental regulation will be complete, but
it is clear that without some similar leg
islation it would continue to be made
quate. And such legislation will make a
long, first stride n advance"