The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-06-25


The completeness of the federal power
over commerce was reaff1rmed and de-
clared to extend among other things to
the holding company.
This device which had been success
FULLY employed to establish under one
control the leading productive indus
tries OF the country was declared illegal
when utilized to absorb competing sys-
TENS OF interstate railroads, and there
by We escaped danger to our COM
merce, our government and our very
liberties, the ma gnitude of which can
scarcely be grasped.
1t was likewise judicially de-
termlned, that a combination between
railroad company and a shipper, to
grant the latter an unlawful rebate
which results in the establishing of a
monopoly, is a violation of the Sher-
man act, and that a court of equity
might restrain the guilty parties at the
suit of the attorney general of the
United States, as well under that act,
as under the general jurisdiction in
equity. Of almost equal Importance
was the decision that the operations
of monopolistic com bination within
q state may be so connected with
those between the states as to bring
the whole under the regulative power
OF congress.
Serious Defects.
Notwithstanding the success which
attended these suits, there was de-
and omissions in national legislation
necessary to be corrected, if the ave-
nueS OF commerce We're to be kept
open to all upon the same terms, and
II a speedy and workable remedy for
violations of the law was to be placed
in the hands of the government itself
to restore the rule of freedom and
equality in interstate and foreign
commerce.
The legislation proposed to the
n
accomplish the restoration of the nor
NAL commercial rule, all of which was
promptly enacted, was:
1st-1hat in respect of railroad re-
bates, the omission in the act to regu-
late commerce to punish the bene-
ficiary should be supplied by impos-
ing a penalty, not only upon the car
rier who gave, but upon the shipper
who received, such rebates, and that
the power of the equity courts to re-
strain. such practices at the suit of the
United States should be made certain
by statute.
2d-That it should be made unlaw-
full to transport traffic by carriers sub
Ject to the act to regulate commerce
at any rate less than such carriers
published rate, and that all who par
ticipated in the violation of such law
should be punished.
3d-That a comprehensive plan
should be framed to enable the gov
eminent to get at ali the facts bear
ing upon the Organization and prac-
tees of concerns engaged in inter
state and foreign commerce essential
to a full understanding thereof.
4th-Another step in legislation
which was earnestly recommended
was an act to speed the final decision
of cases under the interstate COM
merce and antitrust law.
These laws, enacted during the
short session of the F'ifty-seventh con-
gress, We're followed by the railroad
rate law of the F'ifty-ninth congress-
the principal feature of which is the
grant of power to the interstate COM
merce commission to fix a reasonable
rate for the carriage of goods and per-
sons.
These laws We're designed to secure
equality in transportation service and
equality, stability and reasonableness
in transportation charges They pro-
vide a swift remedy at the suit of the
government in its own courts of
equity. thereby relieving the individ.
ual sufferer. from the expense and de-
lay incident to a private suit.
All these laws have been declared
constitutional, except the railroad
rate act, and as to that act, not yet
passed upon by the courts. it is be-
lieved by the great weight of legal
opinion to be constitutional in respect
to the power to fix reasonable rates
and practices.
The public satisfaction resulting
from the enactment and the enforce
ment of these statutes regulating COM
merce has induced some persons to
contend that the congressional power
to regulate commerce is a panacea for
posed to utilize that power to accom-