Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-11-13


lses to be legal battle. the result Of
which may hAre an important bear
ing on not only the direct interests in
Yoiyea. but on the province and iimi.
tati0n Of the Investigations
IA the future.
The arguments VIII be made by dis
'tinguished counsel before Judge
Hough in the United States circuit
court the government will be repre-
scented by Henry IImhsen. Frank y.
Kellogg ~ ST Paul. and < = sever
nnce. while former nat John G.
sponner. Of Wisconsin. former Judge
X. & Loveit. ~ the Union Pacific. and
John q. Allburn. II this city. viii APP
pear Tor M Hartman
Mr.. Hartman. at The investigation.
declined 10 answer certain questions
regarding the purchases Of stocks ana
their sale 10 me Union Pacific. and in
answer 10 the c0mmisslon's petition,
which has just been flied. counsel for
Hartman commended that Mr. Harrl-
mans acts In the matter did not re-
late 70 Interstate commerce and there
fore tae commission had no right 70
nut the questions and 10 demand an
sWers II was learned tonight that ga
the brief which WAS flied is The fad
erat circuit court. n IS claimed thai
the Interstate commerce commission
IN making his investigation. was yir-
fualiy a congressional committee Of
inquiry and was exercising the inquis-
ltariaf lowers ~ congress- n r. de-
eiared in the federal brief that under
~ of the interstate commerce
act the commission has authority 10
inquire into the management Of the
Of an common carriers doing
interstate business and under Zee
ton n s. required. on or before De-
eember Of each year. TO make and
to congress It's report. the re-
port to contain such Information and
data collected by The cOmrpissi0u as
may be considered Of value In the de-
termination 81 questions connected
eith regulation of commerce. togeth-
sr with such recommendations as 10
national legislation relating thereto
~ the commission may deem ueces-
sary. II further claimed that Il has
held bv the supreme court of the
United states that full Information
necessary. ga "a basis OF intelligent leg
By congress from timo 10 time
IN the subject ~ interstate commerce,
.annot be obtained. nor can the rules
established Tor the regulation ~ such
ommeree be efficiently enforced. 9th
.rNise than through the instrument
atty 81 an Administrative body. rep
a4entlng the whole country. always
Tatchful ~ the general interests and
.harged with the duty not only ~ OBJ
the required information. bat
+ compelling. by all lawful methods,
Incidence to such acts. II appears In
his case. the brief claims. that the
MON Pacific railroad has become q
real investment concern. that % has
obligations outstanding 60 the extent
II sfg2. 900. 600 which have been used
the purchase ~ stocks. that u is
dufN Of the commission 20 inquire
nto this state ~ affairs and lts ef-
ects on interstate commerce. so that
may De informed and recommend
> congress whether the acquisition -
by railroad companies IN other
8%HnpAnies or hy their officers shall
q prohibited. Furthermore under
actiOn 20 of the interstate. commerce
ID Is the duty ~ the commission
> require reports 81 railways showing
n the details Of its capital stock.
he AMOUNT paid therefor, the divi-
ends paid. the funded and floating
ebts. the cost and value ~ the car
.er's property franchises and equip
aud ID complete exhibit OF tho
financial operations Of such carrier
wear Counsel Ia the brief de-
81 ~ NNNMH NHf "HAAHNNANNE""H
as a right 10 inquire not only into
le cost and value Of the railways bat
T an securities and other nropf1t
urchased. from whom purchased.
neither ln good faith or whether
ie Union Pacific railroad has been
sed as e speculative banking house
" its officials. The commission
had a right "a require Mr
arrlmHn ga disclose whether he a
zen dealing with his oNu company
neither the stocks We're purchased by ,
pool or for the purpose ~ selling
e. the Union Pacific Railway
mpany what they had cost him as
on Tho securities and bearing y
tire recommendation which The in .
o., tte commerce commission should 4
90 congress with "a view to- pro-
.hifluu such transactions hN officials
Interstate carriers The value 81
le property. its cost ana the good !
.iUh ~ tho purchase whether 90 wa-
be- result of e. bona 0dc purchase or
fraudulent transaction with its dt-
whether q bears On the rates
be- company shall charge. because 70
as Il right ca earn "a reasonable in
1me on the fair value 0f its property
scu iu tho carrying business 10 is
80 claimed tn the brief that congress
ls power ga inquire lnto the invest
enterprises and financial opera
pna Of % carrier engaged in inter-
commerce. Under This clause ~
ie constitution congress may create
tc state corporations. regulate their
ipl-ai rates OF transportation. the
no nf their officers the relation OF
.r line to the lines uf other railway, {
FOR rates of dividends aud 4,
-a ug between officials and the CONF 8
lni. n has, in fact. full power over Z