New-York tribune., 1906-09-06

within a number q states we're held TO be in vioa
the spre RE se conn iis vas sirSa dini n
tration while Of the attention snd energy os
and largely absorbed in ths Spanish and the
responsibilities which followed IL, the work OF Sc
curing a practical judicial construction Of the
Mr.. Roosevelt. as President from the ve-> hrst.
oeYotec his great energies to facilitating and press
ing on the work Of sGppIessinE the trust evil and
administration a case arose. Ia. decision OF which
was The most important step taken in the develop
II presented the 9us.tion whether tie owners of
the Great Northern road and the Northern Pacihc
road might unite the two properties to prevent the
a holding company under the laws OF New Jersey.
which SHOULD hold tho stock in both companies and
practically manage the two roads as one The Su-
preTas Court decided that the corporate cloak to
me Enioa constituted contract in restraint ol IN
frState trade, ana mat the court WIS lustlnea ln
looking through the fiction of the holding company
determine what tho actual purpose and effect were
Inete Were seven original nfoeeedngs Tor Nioa'lon
M S1iS2H M fT "n9f5 tn MI as 1 TiHa inns inns
far under slr. Roosevelt
DIFFICULTIES IN ENFORCING TRUST ACT.
The course Of proceed under the Antitrust act
had developed many difficulties in its practical use
offences which IL denounced were rarely committed
IN the lght cf day and could only he established by
difHcut 10 secure. The difficulty arose in great
measure because those VINO knew el@ b onCrn- Crca
nents, refused. under their constitutional immunity
This called for legislation which required Witnesses
testify IN legal proceedings under such acts and
avoided the pleading Of their constitutional PRIV
., - ,o r ,iYi irii,v l1 TSSer such legislation
which would defeat useful prosecutions an amend
ing statute has been deemed necessary. and has
FOR appointment of new prosecn,ing officers, end
spproprieting large amounts TO carry or the pros
ecutions. have been found necessary Then the
question has arisen. can corporation plesd a con
slLlloIal plNse 90 osci.nlis . 20 ,~sti,1 go ~,
showing It's books aud papers? In the prosecution
that question has been answered by the Supreme
Court in the negative and this has opened TO the the
until the recent decision was denied it,
BUREAU OF CORPORATIONS GREAT AID.
Again, in 1893. under the FIRST administration Of
NJ Roose,et the Bureau OF Corporations. IN .s tile
II VAS directed and given power TO investigate the
operations OF corporations engaged in interstate
trade other than railways This bureau. under its
most @ctNe chief. MT. GARFIELD. has instituted in
Of The Department Of Justice the existence OF vlo
lations "f the Interstate commerce act ana OF tne
probable.
DETERMINATIONS IN RAILWAY RATES.
Ne ooms : now to the second class o. corporations
! nave teferred 10 as having Inisused their great
powers 10 promote oppression and Injustice 20 aid
the Industrial combine tiOns in their unlawful
P the selling price of co@Sodty F. Us any 70 part f Of
the country Is the cost OF transportation from the
can secure lower rates OF freight in the transporta
ton OF ITS merchandise 10 its customers than
other. the former will necessarily drive the latter
out Of business This IS exactly what has hap
pened. The largest tncerns controlling enormous
shipments and able as between competing roads
20 determine which shall enjoy the profit OF the
transportation have Induced and sometimes co
creed tie railroad companies into giving them
arranged with rSSi ye W 80 DfR the %pgS peono6s ss Il e the ee iI
ger concern as TO make IT impossible for it's would
yeTy small amount per hundredweight Of goods
lions VIII pay enormous dividends on the capital
invested There were other evils Of railroad man
them can be summed up in the words unjust dis
& a. S,c 5sSS, ne sTessest aIq most irPoEs2ant OK
OF the national government was complete
REFORM ~ RAILWAY REGULATION.
the railways ot tR s ednrg and IN e cSr goTerS St
mental snpeIysion thsn t4at afforded by the Inter
welt The competition between the monopoly Of the
phssized this The interstate commerce act has
been amended from time 20 time since its pass
tie subject OF rebates IN the so-cslied Eins biil
a'e1 pa more Getail than IN me oEginsi In
IN that way: but stin the power OF the Interstate
tied 70 determining whether rate was unreason-
able. and its order requiring railroad company To
Ills ot only involved delay in the enforcement ~
us orders but took away from lie commission tie
power and dignity essential TO mako IL respected
usefulness. IL was OF importance that the com
Rlsslon should nave ti.e power, when 1t found a
rate unreasonable. 10 TX what TeasOna bic
rate. or ~ least 20 that any rate heyond a
great reform which Mr. Roosevelt. IN his second
aqmiInlstTauon rerommended 70 Congrsss. and
brought 20 successful result The increased mower
sion under tile new law cannot fail u remove many
OF the evils Of discrimination IN favor Of persons
T p'- 'DSa dT& 10 As WITH q old pi Tate eaa nq
they have been using in driving competition out Of
Lu me = mere were -eEeI teen = MAI .r1reea-
terstate COnmeTce act under NJ. Harrison thirty
W. 1hoer ~. cleveland. twelve unGer Mr.. Nc
prosecuted more than sixty under Ny Roosevelt
ADDITIONAL LEGISLATION NEEDED.
II Is probable that in order 10 secure speedy and
Trust law the country over the executive machin
eIA lof carrying on the Work. which rs enormous IN
detail and requires skill ana legal knowledge OF IL
bureaus created by legislation. There is no doubt
Trust act aud the Interstate Commerce act those
who We're violating their provisions regarded their
yagueness ana the difficulty oi proof OF tie facts
as rendering them immune from prosecution ana
Of the government have ground slowly. they are
srindlng exceedingly small. and the seriousness or
carrying a business in violation Of terms of
the sherman Antitrust act the Interstate Com
Inerce act. made clear as those terms have been
made by judicial decision. aided BY additional Con
gressionaI legislation. is impressing itself those
members ~ the business community prone to IN
Just methods.
NEED OF REMEDIES FOR TRUST EVILS.
A close stndy Of the history OF this contes;
Taieh has % eTg soiRs % On i1T he 'e & &snI2reSIion % q
ing them from our economic System is full q COM
TLCafofN ana requires flIiiet Slellff, lfLflCe
and willing cooperation ~ Executive ard con
Eress, ana let's in light on he vanity and useless
Of empty denunclation of ule evils without
clear understandings OF hOw they arc To- DC reedisJ
end legitimate business interests preserved U;-
harmed. il also shows how inadequate a cCmpreaen-
sion the candidate for the Presidency on the Demo
cratic tcket the last election mad cf the dificu.-
ties of eaTbing trusts when he announced in the
ceDtance Of the dominate" that the common lew
developed was quite adequate fer the suppression
Cf trusts. and that II merely failed for lack OF
effective enforcement cf The law By executive of
GERS. A letter of Judge Harmon, Mr.. Cleveland's
last Attorney General. 70 Congress FOO answer 10 =
resolution asking him Whet sdditi-ua legislation
needed 70 bring about effective enfnrce-