The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-02-02
ATTORNEY GENERAL KNOX
ATTACKS AMENDMENT
Says President Roosevelt Had No
knowledge of the Foraker Bill
to Regulate Trade.
CONSIDERS IT BAD MOVE

WASHINGTON, Feb. 1.-AttorEey General
Knox. in answer to inquiries as to whether
the bill recently introduced into the Sen
ate to amend the interstate-commerce and
antitrust laws so as TO relieve foreign
commerce from their operation and so as
to enable contracts to be entered into in
reasonable restraint OF commerce, was in
PRODUCED with the knowledge and approval
OF the administration replied, Absolutely,
no."
In response to a question as to his views
on the wisdom of such an amendment OF
the law, he replied: Just one year ago IL
was proposed to offer as an amendment
20 one of the pending bills in Congress ex-
actly this same measure. At the time the
President requested an expression of my
views as to the proposed amendment with
the remark that its proponents claim that
IL was In harmony with a suggestion made
by me in an address at Pittsburg. L then
prepared and submitted to the President an
expression of my views. 1 then said and
still think the scope of the proposed
TO attempt to define it's limits without long
reflection. At first glance however. ii seems
effect Of t TspeaIbg se 9qd tine the
act TO regulate commerce, which is popular
~ known as the anti-poolng clause. That
section makes II unlawful for railroads to
As such pools were always held to be VIOLA
tive OF public policy, they were held to be
unidW1ul AT common law. But as the states
had committed to Congress alone the regu-
iation OF Interstate commerce, the rule of
the common law could not be applied to
that commerce until Congress acted, which
IL did I'm the act to regulate Commerce. That
act was the result of most prolonged agita-
ton. chiefly in the States lying west of the
Alleghentes. Measures covering what is
now the fifth section were under consdera-
ton in both houses for years. Volumes of
testimony were taken respecting the SUBJ
ject. but the most thorough debate resulted
ant1-DOOlinU clalSp
adopted a.Tt o.a-ou.
the interstate-commerce law and the anti
trust law far as foreign commerce Is
concerned. This would result in giving for
eign commerce an advantage over our do
nestle commerce BY means of such n
power the tariff protection will be largely
nuliified. IL is we'll known that the steam
ship companies and railroads have in in
stances combined so that foreign traffic
has been carried from Berlin to Chicago at
rates 60 per cent. lower than similar goods
IN this country could be transported from
New York 10 Chicago. Tin has frequently
been carried from Wales to Chicago at a
lower rate than the railroads would carry
tin manufactured in Pittsburg 10 Chicago
Boots. clothing. hardware. etc, from Ger
many have been carried through TO San
Francisco at rates Sc per cent. lower than
was charged by the railroad carrier on sim
liar manufa ctureS OF our own country from
Atlantic ports TO San Francisco
while IL may be wise policy to incor-
porate the rule of reasonableness into the
regulation by law of contracts between
individuals and contracts of industrial cor
porations which are private corporations
that rule has never been applied TO what
are known as quasi public corporations
railroads, for example. which exercise pub
lie functions and enjoy public rights. They
owe duties 10 the public the considera-
ton OF the grant 10 them of public fran
chises. among which is the duty to refrain
from restraining competition in rates, serv-
ice and facilities. This amendment would
tend to relieve them from many
OF their most important duties to the
public. Its enactment instead of being a
protection 10 commerce would be TO effect
an undoing of very much OF the most i'm
portant remedial legislation OF the past ff-
teen years. III this proposed amendment
shall be regarded as wise legislation IL
ought not TO be done secretly. but openly
with full knowledge or the public and full
opportunity TO be heard on the subject
Such amendment as Is now proposed ought
not 10 be attached to any bill in the clos
ing hours of a moribund Congress.