The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-05-24

steadily and successfully working itself
free from socialism, under the guidance
and control Of tho owners Of the proper
ties, despite the unexpected decision OF
the Supreme Court few days aiter
MCKINLEY's Inauguration, which MS
successor exploited, in the sense OF per.
sonal politics, on the urgent request Oh
solicitors in Minnesota and Wisconsin
Is has been said in the Attorney-Generals
office.
If meddling and muddling with the
railway problem by the Federal Execu-
tive shall long continue, a persistent de-
mand for Government ownership may
come again quicker than is expected by
those who do not watch the political
weather Already 1t Is heard that the
Roosevelt-Knox plan of Government
regulation Of private capital embarked
in interstate railways Is only an inter-
mediate and probationary stage on the
way to Government ownership-a propo-
sition which those who are now the own
ers might not be inclined to reject, pro-
vided the price shall be fair one and
cash be paid on delivery
After the decree in the Northern Sc
curities case the economic and judicial
situation was like that after the Supreme
Court decision in the Mum case,
wherein it was adjudged that
State Legislature can prescribe rates for
railway service in that State which will
bind the courts, and II the rates shall be
unreasonable the railways must appeal
to another Legislature. In the North
ern Securities case it was adjudged, In
effect, that Congress can forbid restraint
OF interstate railway trade, that the
courts cannot, or will not, inquire whether
or not the attempted restraint is reason
able and that il the railways are in
jured they must appeal to another Con-
gress. That was we'll enough in 80 far as
Congress may forbid restraint OF inter-
state trade-free trade among the several
States-just as State Legislature may
fix ma 1imum rates for State railway SER
vice; but precisely as the Supreme Court
was afterward constrained to decide a
railway rate unreasonable when in fact
unreasonable, so Federal equity court
should decide, in proper case,
restraint OF trade by railways, or
by individuals, to be reasonable and
permissible, or unreasonable and not
permissible, as the fact may turn out to
be on trial Of each case.
The legal effect Of the Northern Sc
curities decree is that the Government
at Warrington has, under Mr.. RoosE-
WELT, said to the two defendant railway
something like this:
you were chartered to competed
You are by your relative geographical
situation naturally rivals in railway
business! You must and shall. each OF
you. conduct predatory competition
against the other. even If you both shall
be thereby reduced to condition OF in-
ability to pay dividends to your share
owners and interest to holders OF your
bonds.
That goes full in the face Of McK1N-
LEY's text at the head OF this writing!
The owners Of capital invested in rail-
ways can, by looking at railway maps
in the investors supplement Of the Findn-
dal Chronicle, quickly discern which
roads are, like those two defendant roads,
naturally competitive, and are therefore
now at the mercy of the President. 1t is
convenient for one needing 30 much free
railway transportation as the President
to have under his thumb, not only tho
interstate railways, but the Interstate
Commerce Commission-which has rights
and duties in the matter.
That situation, important as It now IL
to each railway group having In It's sys-
tenn competing lines which have been
unified and consolidated since 1890, is.
however, secondary to another consid-
Grafton, which is this:
Our President itIrates. and reiterates
with detail somewhat iatiguing, the vir-
tue OF individual character, individual
initiative and individual sanity, OF self
help, self-esteem, self-reliance, self
assertion and self-government-- the
man behind the gun and all the rest Of
it-but yet he prods and pushes Congress
and his party into collective legislation
which will gradually, or otherwise, trans
fer into Government hands the chief
instruments Of interstate mining. pro-
ducing, exchanging and transporting.
To-day and now the purpose avowed Is
only the regulating or the use Of private
capital by the Executive, but the end will
be Government owning, unless the voters
have a care.
II the law takes out OF it's owners hands
the guidance Of business which must exist
for public needs, that business will, in our
country, fall into the hands Of political
Government and party Government.
Control Of capital may be either by own
ers, or laborers, or users, Of the Govern
ment. Every failure enforced upon own
ers by legislative meddling becomes a
superficial reason for enlarging the
sphere Of Government by party. Nom
inally, and in statutory language, power
to investigate the conduct of the private
capital OF our country has by Congress
been placed in the hands of Mr.. WRIGHT
Of tho Department Of Labor, Mr.. Cor
TELYou of the new Department Of Com
meroe, Mr.. KNOX Of the Department Of
Justice, and Mr.. KNAPP of the Interstate