The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-03-13

-
The last few words of the above were
significant when uttered, but since the
passage of the Elkins bill they have ac-
CURED much greater weight. The doubt
full question as to applying equity rene
dies to the existing situation has been re-
solved affirnatively by language as posi-
tive as the attorney general could frame.
A glance at this section of the new law
shows that the language is very compre-
hensive. 1t reads:
Language of the Statute
| THAT whenever the interstate COM
merce commission shall have reasonable
ground for belief that any common carrier
| is engaged in the carriage of passengers
or freight traffic between given points at
less than the published rates on file, or is
| committing any determinations forbidden
| by law, it shall be authorized to present a
petition alleging such facts to the circuit
court of the United States sitting in equity.
| having jurisdiction of the parties, and
when the act complained of is alleged to
have been committed or as being commit 2
ted In part in more than one judicial dis
trict or state, it may be dealt WITH in
quired of, tried and determined in either
such judicial district or state, whereupon
| it shall be the duty of the court srmmar-
| lily to inquire into the circumstances, upon
such notice and in such manner as the
court shall direct and without the formal
pleadings and proceedings applicable to
ordinary suits In equity, and to make such
other persons or corporations, parties
thereto as the court may deem necessary.
! and upon being satisfied with the truth of
the allegations of said petition, said court
shall enforce an observance of the pub
lished tariffs and require a discontinuance
iof such discrimina tons by proper orders,
wr1ts and process, which said orders
writs and process may be enforceable as
well against the parties interested in the
traffic as against the carrier, subject to
the right of appeal as now provided by
law"
The act then goes on to give the court
I specifically the right to summon witnesses
and compel the answering of questions,
etc.
.'Suspicion'' Is Enough.
4 1t is to be observed that all that is
needed to set this remedy in motion is
reasonable ground for belief" on the part
. of the interstate commerce commission.
! For all practical purposes this will be
1 equivalent to mere suspicion. Once the
remedy is set in motion it is clear that an
4 Injunction, temporary or permanent, is
4 quite certain to result. If the roads are
: not, In fact, cutting rates secretly. but
) are living up to their published tariffs, an
: injunction will do them no harm. If they
, are giving secret rebates they will hardly
i be able to defend themselves from an in
junction by proving the contrary. In any
, event, the court is armed with full inquisi-
! torial powers, and the facts are likely to
= come to light.
Surprising an Injunction to be granted:
it will cover all officers and agents of the
road and the shippers as well. Its en-
forcement will be by the usual process OF
contempt. That is a very summary pro-
cess, as has been witnessed in the past.
There is no intervening jury. The per
son charged with violating the injunction
i is hailed before the Judge; the evidence is
8 presented. and, in case the judge is con-.
V vinced that the person has violated the
l enjoining order. he is clapped into Jail.
Officials Of the department of justice do