The Montgomery advertiser., 1908-12-21
TALKS OF DECISION
INTERSTATE COMMERCE. COaEMIs- SHOWERS EkEENLY UisAP-
 POINTED.
The United states Supreme C0urt in Deciding HaKrimam Case, Has Dealt Severe Blow to The
 Co1nmamsaon.

New orleana. Dec. 20--That keen disappointment was caused at least three members of the Interstate Com merce Commission by the recent ds- clsion of the United States Supreme Court declaring that D. II. Hartman should not be required to answer the questions of the Commission concern ing certain dealings in stocks, is shown in an interview with Judson c. CIsm- ents, one of three commissioners who conducted the hearing at New Orleans in the matter of lumber shipments.
 Tn deciding the case Of E H. Har- riman and Otto H. Kahn of New York against the Interstate Commerce Com mission. the Supreme Court held that the Commission IS not entitled under the interstate commerce law to press tions The specific case concerned dealings in stocks between the Union Pacific and other roads. Both Harri- man and Kahn. the latter a banker. re- fused to make FeponRes when the sub- 3ect was under investigation in New York. Following the announcement of this decision, the interstate Commerce. Commission was credited with having anticipated the decision Of the court. This Is denied by Commissioners CIen- ents. Clark and Harlan
 s sIt is net true, as has been reported. that the Interstate Commerce Comnais- Sion had anticipated an adverse ro- suit or that 1t regards as of little im- portance the. decision of the Supreme Court denying it's authority to require answers except in proceedings on com plalnt for specific violations of the. act or for investigations of . like cause" said Commissioner Clements.
 "The questions involved were not. as has been said. merely academic, but they were of great practical im- poFtance."
 'sThe Commission deemed its effort and position to be clearly in the line of It's duties and within the purpose and intent of the Jaw. No desire to criticize the court Is entertained. but, manifestly. the scope of effective in uuiry and disclosure will be greatly hampered and narrowed by this de- cision. The wholesome effects of in- vestigation have often heen seen in the dissipation Of methods and prac- tices, which. though unjust and even reprehensible. had not been specifically forbidden by law. Such investigations have also demonstrated the need of amendments to the law as well as the form they should take, and that. too. without individual harm, or even in- convenience at all comparable with the harm to the public resulting from the evil practices disclosed These inves- tigations have also pointed the way to . more effective administration of the law than would otherwise have been possible.
 ''There are many thoughtful persons who believe that publicity which dis- closes any evil and indefensible aprac- tice. in the management of coEpora- tions engaged in a business whfsh is affected with a public interest. is even moro eficacfous against wrong doing than formal rules of regulation. It Is diflcult to over-egtimate the iTn- portance of full publicity in these mat ters, which can never be had except upon the searching examination of witnesses cognizant of the facts and transactions which are the subject of inquiry.
 ''Many schemes of manipulation in the use and application of the proceeds of stocks and bonds. as we'll as the is- suance of the same, which though not expressly forbidden by any law, great iy compIieate the just determination Of the questions affecting the rights Of shippers and the public in general as well as investors, are possible, and have often been practiced, as shown by previous inquiries.
 'rhe foundation for the successful proceeding of the Government in the Northern Securities case was laid in an investigation of this kind begun up- on an order of the Commissioner sub stantialIy similar in all respects to the one upon which the recent tnVestiga- tion of the Hartman lines was con- ducted." |"