Willmar tribune., 1908-02-12

some Of the injunctions issued infiict
grave and occasionally irreparable wrong
upon those enjoined.
to prevent the entirely proper and iegiti-
mate actions Of labor organizations in
their struggle for industrial betterment.
sSts Pr Ss
damental rights Of the individual. It is
futile to concede. as we all do, the right
and the necessity Of organized effort on
junctive process to forbid peaceable ac-
tion to accomplish the lawful objects for
which they are organized and upon
that the punishment for the violation
of an injunction must, to make the order
effective. necessarily be summary and
the Of Jury
Gus practice. and in itself furnishes .
reason why the process should be sur
rounded with safeguards to protect In
ercising. their proper rights. Reasonable
notice should be given the adverse party.
This matter is daily becoming of graver
Importance and I can not too urgently
recommend that the congress give care
full consideration to the subject. If some
way of remedying the abuses is not found
the feeling Of indignation against them
among large numbers of our citizens Will
tend to grow SO extreme as to produce
a revolt against the whole use of the
process of injunction. The ultra-conserv-
atives who object tc cutting out the ;e
abuses will do we'll to remember that II
the popular feeling does become strong
many of those upon whom they rely to
defend them will be the first to- turn
afford to trust to anything save the spirit
of Justice and fair play: for those very
public men who. while it is to their In,
terest. defend all the abuses committed
conservatism, will, the moment they
think their interest changes. take the
lead in just such a matter as this and
fectively to destroy the power Of the
courts in matters of injunction; and will
even seek to render nugatory the power
to punish for contempt. upon which pow
er the very existence of the orderly ad-
ministration of justice depends.
1t is my purpose as soon as may he. to
reference to our laws regulating. labor
conditions within the sphere of federal
authority. very recent decision of the
supreme court of the United States rem
in the case Of Adair VS.. United States.
| seemingly of far-rcaching import and
Of very serious probable consequences,
views on the powers of the congress in
the premises to such a degree as to make
necessary careful consideration of the
opinions therein filed before it is pos
sible definitely to decide in what way to
call the matter to your attention.
Asks Federal Supervision
Of Interstate Carriers
Not only should there be action on GER
tain laws affecting Wage-earners; there
should also be such action on laws bet
ter to secure control over the great bust.
ness concerns engaged in interstate com
mon carriers. The Interstate Commerce
Commission should be empowered tC
pass upon any rate or practice on its
ovn,dt own initiatiye tive Moreover: it should be
has reason to believe that proposed ad-
| vance in rate ought not 10 be made
without investigation. it should have au-
advance pending examination by the
1 would not be understood as expressing
an an tInsa opinion that any or even majority
OF the rates in this country have beer
! abnormally low. The operating expenses
Of of,,par our railroads. notably the wages paid
creased. These and other causes may il
rates, and If so the advance should be
permitted and approved. But there may
! be, and doubtless are,' cases where this
Is not true: and our law should he SC
| framed that the government. as the rep
| resentative Of the whole people, can pro
! ways. The Interstate Commerce Com
mission should be provided with thu
means to make physical valuation ,o
| alton necessary. In some form the fed
eral government should exercise super
| vision over the financial operations OF
can justice be done between the private
| owners of those properties and the pub
nc which pay their charges. When once
the market and has become fixed in
value, Its existence must be recognized
As practical matter 1t is then Otter
absolutely at necessary to take account Of
who have purchased their stock in gooc
faith. The usual result Of such imitation
Is therefore to impose upon the public
While the innocent % purchasers aass;ns Of tax t6,
stock are also harmed and only a few
spectators are benefited. Such wrong:
when once accomplished can with diff
ticulty, be undone: hut they can be pre-
vented with safety and with justice
When combinations Of interstate railway!
must obtain government sanction: whe,
railway to issue stock or bonds. save il
the manner approved by the federal gov
ernment: when that government make:
sure that the proceeds Of every stocl
OF the property and not the enrichmcn
of some individual or syndicate: when
! whenever 1t becomes material Tor guild
ance in the reguative action Of the gov
| ernmcnt. the physical value of one o.
! these properties is determined and made
! knOWn-there will be eliminated from
railroad securities tnat element OF ,n
| certainty which lends to them their spec
! ulative quality and which has contributed
| much to the financial stress OF the re-
cent past
Would Permit Pooling
of Railroad Interest.
! In this connection desire to repeat m,
| recommendation that railways be per
| purpose of comforting about and agree
ing upon rates. regulations. and practice:
! affecting Interstate business in which thu
members of the association are mutually
! interested. This does not mean that they
| should be given the right to pool theiI
earnings or their traffic. The law re-
| quires that rates shall be so adjusted a.
not to discriminate between individuals
localities. or different species of traffic
Ordinarily. rates by all competing lines
must be the same. AS applied to prac.
| teal conditions. the railway operation.
IF this country can not be conducted ac
! cording to law without what is equivalent
| to conference and agreement. The articles
| under which such associations Operate
should be approved by the commission
all their operations should be open t.
public inspection: and the rates. regula
! tiOns. and practices upon which the,
the commission. l'
[ urge this last provision with the same
| earncstncss that / do the others. This
country provides it's railway facilities h,
| private capital. Those facilities will nj
! be adequate unless the capital employed
is assured Of just treatment and an aCe
nuatc return. In fixing the charges OF