Los Angeles herald., 1907-11-13

HITS BACK
AT BOARD
SAYS COMMISSION EXCEEDS
ITS POWERS
MAGNATE's ATTORNEY FILES A
LENGTHY BRIEF
Railroad King Asserts Interstate com-
merce Body Violates Constitution
In Compelling Him to Ex-
pose Deals
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merce commission on November Is, 1906,
on the subject is SO general, vague and
indefinite in its terms as to fail to define
any matter as being under investigation,
either with respect to the Union Pacific
Railway company or any other person or
corporation. and the said questions were
NOT pertinent or relevant to any inquiry
alleged or claimed to have been author
ized hereby,
Claim Powers of Congress
II was learned tonight that in the
brief. which will be filed by government
counsel in court tomorrow, it will be
claimed the interstate commerce COM
mission. in making this investigation, was
virtually a congressional committee of
inquiry and was exercising the inquisi-
torial powers of congress.
If is declared in the federal brief that
under section IL of the interstate COM
merce act the commission has authority
to inquire into the management OF the
business of all common carriers doing an
Interstate business, and under section 21
is required on or before December 81 of
each wear to make and transmit to con-
gress it's report, the report to contain
such information contained by the COM
mission as may be considered of value
in the determination of the questions
connected with regulation of commerce,
together with such recommendations as
to national legislation relating thereto as
the commission may deem necessary
IT is further claimed that 1t has been
held by the supreme court of the. United
States that full information necessary
as basis of intelligent legislation by
congress from time to time on the subject
of interstate commerce, cannot be OBJ
tanned, nor can the rules established for
the regulation of such commerce be eff
ficiently enforced, otherwise than
through the instrumentality of an admin
istrative body representing the whole
country, always watchful of the general
interests and charged with the duty not
only of obtaining the required informa-
ton, but of compelling by all lawful
methods obedience to such acts
Duty to Inquire
1t appears in this case, the brief claims,
that the Union Pacific railroad has be-
come q great investment concern; that
it has obligations outstanding to the ex-
tent of 1000, which have been used
for the purpose of stocks, that 1t is the
duty of the commission to inquire into
this state of affairs and it's effects on in
terstate commerce so that it may be In
formed and recommended to congress
whether the acquisition of stocks by rail-
road companies in other companies, or
by their officers, shall be prohibited.
1.-THE commission therefore had right
to require Mr.. Hartman to disclose
whether he had been dealing with his
own company; whether the stocks were
purchased by pool for the purpose of
selling them to the Union Pacific rail-
road what they had cost him as bear
ing on the value of the securities. and as
bearing on the recommendations the
interstate commerce commission should
make to congress with view to prohibit
ing such transactions by officials of in
| terstate carriers"