The San Francisco call., 1904-02-25
INTERSTATE COMMERCE.


RI reported to be what it is not Mr. Hearst now
girds the press for taking it to be reported.
1t reported that he had introduced bill to amend
imprisonment of the penal sections of the interstate
and antitrust laws He declares that he
wished to amend imprisonment into both That is to
say, he wants the interstate commerce law it
originally with imprisonment the penalties for its
violation.
AS it known that the imprisonment feature
considered obnoxious during labor strikes which inter
fered with interstate commerce, it concluded in
quarters, that Mr.. Hearst aiming to in
the law such penalty would be ineffective such
He is record, however, desiring to
confront all vioators with the damp prison CELL and if
the penalty is enforced equally it Objectionable 1t
will be proper precaution, however to submit his bill
to committee style and statement the end that
may be purged of compexty and that its cloudy state
ment may be cleared up.
The interstate commerce law has been productive of
much good but is still lacking in very necessary fea-
The commission has direct and original
power to enforce its judgments 1t must go to judicial
effect this where all issues subject datory
motions and vexatious delays. While preserving a
proper regard for all rights involved such law should
be freed from the possibility of great delays nasmuch
the merit of consists largely its prompt enforce
There those who believe it within the power
of Congress confer judicial powers upon the commits
sion, making court of first and original
jurisdiction, with power of fnality OF the
issues that come before It, unless they involve consttu-
tiona questions which may be appealed
Since the organization of the Department of Com
with Bureau of Corporations the merely
utve functions of the Interstate Commerce Commission
may undergo absorption into the department in
creasing need of clothing it with duties spe-
cifcaly judicial in their character.
The transportation interests have found the commits
sion to be material assistance in the adjustment of
their relations each other since that which they
unable agree among themselves readily adopted
by all when decided by the commission. Its field was
untred ground when it began operations, and
and intricate to Justify the and deberatOn with
which it has proceeded 1t should not be clothed with
unnecessary powers those impossible of and the
closer is approximated judicial methods the more
service may be expected from it. 1t is the intention of
the law prevent restrictions upon between
The States, either by transportation companies or by
those who interfere with their business.
The policy of scheme of government is to secure
free and unrestricted trade between the States This
policy powerful enough prevent embargoes the
sale and use of lawful property produced State
and shipped into another To illustrate the Legislature
of California cannot law forbdding the OF
lumber from Oregon. of encaustic tiles from New
Jersey, iron hollowware from New York What is
forbidden in that respect the State is permitted
individuals combinations of individuals If the State
attempt the courts void the statute and the penal
clauses of the interstate commerce be ap-
Piled The is different however with individuals,
who for such act be imprisoned Mr..
Hearst amends the Jail back into the law
The effect of restricting trade between the States of
the country is shown in Mexico, where has been
possible for each State have its tariff upon the
products of any other This prevents the free
culaon OF restrains production and
provinciasm that is antagonisc to progress.
What interstate tariff does in Mexico will be done
here if it be permitted to any to forbid the in
State of the products of another matter what the
pretext may be.
AS the constitution commits Congress the regua-
ton of these matters there still opening for much
wholesome legislation which should be had without the
of prejudice demagogy, class interest 1t should
apply in its regulations and its penalties mpartally
all and should be administered in the spirit of
equality The transportation facilities of the country
have been prime factors in its development and those
who administer them have the greatest interest in the
development of the which make their opera
ion profitable If they not wisely selfish by aiding
such development, it is the duty of the law to make
them
American shippers justly agtated to know whether