New-York tribune., 1903-01-07

| poses of concentration has invariably been upon upon
sWeed earnings so that enormous volumes Of
saPs stock o an saon mntar has aeh
proved in respect to transportation t
9 se 5 wS eor Tas the is
eminent to apply existing laws noaa II a To the fact
that some Of the higher minded railroad managers
Of The The 2eeon esve o eoas be dealing with shippers
Of the territory which they serve no.ner , II Is
cdenee it is nevertheless stated high authority
fact that the Of 9f new eap5h
Controlled industries within the period NAMED NED
eo o oltsity Of prptecon against predatory
competition can be safely prophesied to increase
The Country filled with whose lives have ave
been deEosa to e pTSpers now possessed by
the at prices far IN EXCESS OF a ans GeSo Tean M
idle when assured that their eaptMs a. and eSpeTi +,
ence be securely employed in the business III
which they were trained.
DESTROYING COMPETITION.
to the trusts in this respect organizatons in one
ssa5s f e1ssSl Rssdia'1h h @
begotten in prosperous times Poor times offer I'm. no
tRe ases secsed By hsF
motion for economic reasons W;thIn
themselves the of their own undoing They a
b stocks a Of fOs the dustres Of the country which
had already attained their gigantie stature dner @
of the country except as high prices of products
hsxs o Sar xsenee
demand for products has never neen tn0nSm smcinS 80
companies.
TO PUNISH DISCRIMINATION.
Ny suggeson. therefore is that as first stsp, i'm IN
policy to be peEsisenfy pursued mnir until eaS be
assured Of equal rights and opportunitie@s @ and and
portant r f industries of The contry is checked that
rrodo he de nfenC 20 he
ished Such legislation to be directed alike sgainst I
vsnages whG thsreef and to discrimination
against competitors In n Parcuar ioon ee
petition in interstate and foreign trade, as well
Such practices are so obviously unreasonable
that o nhbit them would be I OF
and not an attempt to exercise arbitrary p6WSetr pSt,
81 iS to
commerce should in my 5udgmenf M ake dd tns i0r 0rn
duced by the guilty parties. and the federal courts
should be given powIf5 I to restrain such
1t may be said that under the act to regulate
Ts5se or hBeT aBBeea ee ds ban the e
published rates and sh5 it ii is ts respee to 20 urb
trusts, monopolies and combinations lhis now
Whatever the Congress have designed In. IN the the
regulate commerce regardng dns a fha
act as Construed by the courts their punshable
FsWhere N the shipper has solicited partici-
paed in instances OF unjust b him
against the carrier, e g. by false representation
of the contents Of a package
WHAT CONSTITUTES DISCRIMINATION.
As to the first the courts have held that to con,
prove that the time the lower unlawful rate vas
aMfSl rate was imposed against another shipper
like commodities between the same pqIhss from, ,t
p,bl,sbed tariffs the favored shipper has enjoyed
bis fpF m so se Das are the
most nurnerous-no illegal alscrimination exists;
oore
escapes the penalties of the act 10 regulate COM
The prohibits the carrier M fro from Ghsrsng 81 med Any "
greater or less rate tnan 'he nrozdes therefor
have been held by the courts not to be applicants
E The any Gcsr saTrer or 5aS ants Of n sUeh
who grant the rebate or MAKE ia etnt Is and
pnnishment. That however, is generally an i'm
as IS yss the only by
it be ascertained taat the senats "a % matter
be has thereby Obtained amnesty from prosecution
effectively i reached by Criminal proceedings the law
leaves unrestraned the persons corpoIati@9ns @ ana n
lawful rebates. This casus omssus Of the act to
regulate comr t hSga n9 esrriep and ben
ciary alike and the right of the courts 70 TestIa
right not settled and vigorously challenged
should be made certain
LIMITED TO COMMON CARRIERS.
think the operation Of such an act should BE
subject 10 the TO regulate commerce. Ihls is
s5 ef aS SF baf 5s rates aha be pubshe
mon carriers. except by railroad or ralroao aIo
regulate commerce under consideration IL was as
regulate the rates of water or other common car.
riers. 1t understood that in in R the nature o'
'nfIS IN addition bslieved ha' Il It, wsteF rat
competition must be # herever it
e45 dt Or Indirectly compete with carriers
| by rail. would approximately furnish oasis Tor
So that If provision is made by law to prevent
hat ste arfa
be referred 70: and the admitted abuse or mag
nude has been the favors granted by railroad road
their sb6ed be aken ee as the vbeh
must be adhered to and made equal 70 All the
It should therefore. be made unlawful to trans
port traffic by subject to the act TO regate
shed rate and all who participate in the violation
OF such law should be punished - .aA 60 rssc,,
corpcration and ass9ftaios tbin Snlch a
| but whose products sales enter into interstate
commerce. 1t should relate first TO such concerns
noneerns which sell below the general price OF
| commodity In particular localities or otherwise in
ppetition These could be excluded. with their COM
| modities. products or manufactures from crossing
As the power Of Congress over interstate com;
hV the constitution it Is believed that it may i'm
| pose such a punishment for the violation of the
| A COMPREHENSIVE plan should be framed to enable
| the government to get at all the facts bearing
ENGAGED in interstate and foreign nm re- essen
tal to fu @ f TSiT sboa he oe frams
upon tested lines.
| A COMMISSION RECOMMENDED.
| commission should be created TO aid In carry
| ing out the provisions Of the act of July 1880,
/ It TT should be the duty Of such commission among
| other things to make diligent Investigation into
| combinations and concerns engaged in interstate
/ or foreign commerce and to gather such informa-