New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-02-02

conr-e.s alone tie regulation OF d nof bs
rnerce the rule OF tie common non, congress acted.
-feli :, 6is fr the act regulate CONNIE to,
ss IVES = ne ne Sizes 5pg vest ne Aeshag,ies
MEASURES covering Tnat s 49, toTJres Tor years:
,,en5es a testimony vere aiken respeets 1le t.r
seet and 80 MOS, iiio'ors. go - ,rss aE6pte8
The amendment also proposes % -. ov- "a far
=. S,resrn commerce ~ concerned his -.
result n giving foreign coIafTeioe , IN - se
povrer tho tarlIc protection viii Oe laIss'; a-5e4
u = wei kH2wn "a tr - combined 80 that
fo-riEa TRAFFIC has been carried Ton l,i.- g IS
oaEo al rates g. rer cen: over tnal e.s 3e-er0
r1-s 5e m th.s country oou.d 6e u1f-.9LI.,- 80
,,T,.s . I'm wses % Ch:caso lower rate man
The railroads would cary TN 49, berdvare
o. sror Germany Eev. been carried tn5ous4 -
San FRANCISCO az rates g. ger cenl io'.g manu-
,scsl.es of or Owl country iToia A'ah'- POI
Viii. i fs1y - a wise polc 20 incorporate , s2S
rue ~ reason aoioLess 40 ne Ie- ~
OF contracts between in1isiGaais ana ,Sc- -
industrial corporations. which are prkhte 60 -.
dos. tlat rule has never been Sil-e e rssi-os5S
for example. which exercise pubic functions NJ
aE lie tioa q tie grant % the'a % p Ian
franchises. sIno-.S vince IS ne SaY .co,.,ce and
feciilties This amendment ~oUl1 tend 20 relieve
IN I,1Io Is en9ctn1ent instead Q: being pro
lection 10 commerce would be to escct an NJ
dial legislation q the .ast fifteen years II ths
PTopose Renac9t shall be e ssrs seere a T bt
openly with faIi knCwedge OF the pueic ana SUI LUZ
opportunity 20 it 10 be heard on ne so}eD ct ~ ne
an amendment as Is TOW proposed oushl n0t ~ y, q
sttached any bill In the closing NUTS "a
morsbund Congress-
The statement that the proposed amendment
is IN line with the suggestion / Inaoe IN an az
srers at Pittsburg in october. l9O-. is a eIeat
mistakes mistake based upon mlsconcePtloh
% the rule OF tie common law anG the o.
ference between the application or the Iule -
undertakings that are strictly prlVaye en- 80
that are public or ouasi-public. In max az
dress (the main purpose OF which was 20 sIoN
fhat the power OF Congress was not eNhaus,eu
pv the Sherman acD IN discussing the exc
cises OF that power over l'se l''N1os'1- 1' $500
sai6.
rfr,t-Tb. extent TO which legislative control over
commercial activities should oe eAetclS S 10 "a
eouse question &c, tSF congress 70 decide whether
81 has the power, and whethet aiio 70 -srrsins
..so- IN ~ those OILY which are unreasonable
~ frs--ious shall fan unCer the pan " 'tllLeH5
legislation IN The first instance s ga 5rSos 81 vital
importance 20 the pubic.
etated that n the common law were m
,orpoyate6 into a federal statute the RUE To-
It's interpretation would be as lala Gown uy t-e
sun~erne Court OF the United states, nameiE
..pI,tlic peifare Is first considered; ana. il IL DC
ROT involved. but restraint upon one party =
not greater than protection 10 the olhei pa-S
requires. the contract may be sus1aL - g..
The proposed amendment overlooks the tact
that the public welfare is Involved IN any re-
strairt that public corporations may IMPOSE
upon themselves. and therefore the ailiehuileA'
does not propose TO introduce the RUE OF the
,-or,v,or law but gts enactment would be a
legislative grant OF power to restrain commerce.
prohibited by the common law. as an restraints
which AFFECT the public welfare nJunously are
Tbs above are a few OF the objections to the
proposed legislation which Immediately occur
TO me