The Denison review. [volume] (Denison, Iowa) 1867-current, 1908-02-05

70 prevent the entirely proper and leSltl-
mate actions OF labor organizations in
their struggle for industrial betterment.
or under the guise. of protecting property
| rights unwarrantably to invade the fun
| futile to concede. as we all do. the right
and the necessity of organized effort on
the part of wase-earners and yet BY in
iunctive process to forbid peaceable &C
! ton to accomplish the lawful objects for
which they are organized and upon
which their success depends The tact
of an injunction must, to make the order
effective, necessarily be summary and
without the intervention of a jury makes
its issuance in doubtful cases a danger
ouS practice. and in itself furnishes a
reason why the process should be sur
rounded with safeguards 10 protect in
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
ful consideration to the subject If some
way of remedying the abuses is not found
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-
atiNes who object to cutting out the
abuses will do we'll to remember that if
the popular feeling does become strong
defend them will be the first to turn
| against them. Men of property can not
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
by capital and pose as the champions of
conservatism, will. the moment they
think their interest changes. take the
| lead in Just such a matter as this and
pander to what they esteem popular feel
ing by endeayorine. for instance, eff
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 adj
ministra ton of justice depends.
II Is my purpose as soon as may be to
reference to our laws regulating labor
| conditions within the sphere of federal
authority. very recent decision of the
dered since this message was written.
| in the case of Adair VS.. United States
seemingly of far-reaching import and
OF ,s very SER serious US probable consequences
| views on the powers of the congress in
The premises to such degree as to make
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
ness concerns engaged in interstate COM
merce and especially over the great COM
| mon carriers. The Interstate Commerce
| Commission should be empowered TO
| pass upon any rate or practice on it's
own Initiative. Moreover. it should be
| has reason to believe that a proposed adj
| vance in rate ought not to be made
without investigation. it should have au-
| monty TO issue an order prohibiting the
advance. pending examination by the
commission.
| l would not be understood as expressing
ar an , opinion that any or even majority
| of the rates in this country have been
abnormaly low. The operating expenses
OF our railroads. notably the wages paid
creased. These and other causes may in
any given case justify, an advance in
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 be so
framed ira that the government. as the rep
resentative of the whole people. can pro-
tect the individual against unlawful ex-
action for the use of these public high
w Ways The Interstate Commerce. Com
mission should be provided with the
means TO make physical valuation of
| any road as to which it deems this valu-
alton necessary. In some form the fed
| eral government should exercise super
vision over the financial operations of
our interstate railroads. In no other way
| can justice be done between the private
lie which pay their charges. When once
an inflated capitalization has gone upon
The market and has become fixed in
value, its existence must be recognized
AS practical matter it is then often
absolutely necessary to take account of
the thousands of innocent stockholders
who have purchased their stock i'm good
faith. The usual result of such imitation
is therefore 10 impose upon the public
AN i,;,d unnecessary nee but everlasting tax,
stock are also harmed and only few
spectators are benefited. Such wrongs
| when once accomplished can with diff
| hcultN be undone; but they can be pre-
| vented with safety and with Justice
| When combinations of interstate railways
must obtain government sanction: when
| it is no longer possible for an interstate
| railway to issue stock or bonds. save in
the manner approved by the federal gov
eminent; when tina: government makes
sure that the proceeds of every stock
and bond issue go into the improvement
| OF the property and not the enrichment
of some individual or syndicate: when
Whenever 1t becomes material for guild
ance in the reguiatve action of the gov
eminent. the physical value of one of
these properties is determined and made
railroad securities that element of UNI
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 Interests
In this connection desire to repeat my
recommendation that railways be per
miuted to form traffic associations for the
purpose of comforting about and agree
ing upon rates. regulations. and practices
affecting interstate business in which the
members of the association are mutually
interested. This does not mean that they
should be given the right to pool their
earnings or their traffic The law re-
qures that rates shall be so adjusted as
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 operations
of this country can not be conducted ac-
cordine 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 to
public inspection; and the rates. regula-
lions. and practices upon which they
agree should be subject TO disapproval by
the commission.
! urge this last provision with the same
earneStness that | do the others THIS
country provides its railway facilities by
private capital. Those facilities will not
be adequate unless the capital employed
is assured of just treatment and an ade-
quate return. In FIXING the charges of
our railroads. believe that considering