The Farmington times. (Farmington, St. Francois County, Mo.) 1905-1926, 1908-02-07

used hecdlessly and unjustly, and that
some Of the injunctions issued inlet
grave and occasionally irrcparablc wrong
upon those cnJolned.
1t Is all wrong TO use the Injunction
TO prevent the entirely proper ana lcgill-
mate actions OF labor organizations in
or under the guisc OF protecting property
rights fundamentally to invade the run
damcntal rights OF the individual. II ~
futile to CouCcde, az We all do tho right
and the necessity OF organized effort on
the part OF wagc-cGrners and yet by IN
junctiNc process To forbid peaceable ac-
ton 10 accomplish the lawful objects Tor
which they ar" organized ana upon
which their success depends. The tact
that the punishment for the violation
OF an Injunction must, to make the ORDER
effective, necessarily be summary and
without the Intervention OF a jury makes
It's Issuance In doubtful cases danger
Gus practice and In itself FURNISHES u
reason why the process should DE sur
rounded with safeguards 10 protect In
dvlduals against being cnjoined from eS-
erCising their proper rights. Reasonable
notice should be given the adverse party.
This matter Is daily becoming OF grayGr
Importance and ! can not too urgently
recommend that the congress give care
ful consideration to The subject II some
way OF rrmedyiug the abuses IL not found
the feeling of indignation against them
among large numbers OF our citizens VIII
tend to grow 80 extreme as to produce
n revolt against the whole use OF the
process OF injunction. The ultra-conSerN-
HtiYcS who object 10 cutting out the
abuses will do well to remember that II
the popular feeling does become strong
many OF those upon whom they rely 10
defend them Will he the hrst TO turn
against them. Men OF property can not
AFFORD to trust to anything save the spirit
OF justice and fair play, Tor those very
public men who. while II IL to thelt IN.
t"rest defend all the abuses committed
by capital and pose AS the champions Of
conservatism. VIII. the moment they
think their interest changes. take the
lead in just such "A matter as this aud
pnndcr to what they esteem popular feel.
Ing by endeavoring, for instance. e.
fectively to destroy the power OF the
courts In matters OF injunction; and VIII
even seek to render nuEutory the power
to punish for contempt, upon which pow
or the very existence OF the orderly adj
ministratiOn Of Justice depends.
Ii II my purpose as soon AZ may be TO
submit som" further recommendation In
reference to our laws regulating labor
conditions within the sphere Ct federal
authority. very recent decision Of the
supreme court Of tho United States rem
dcrcd since this message was written,
In the case OF Adair vs. United States,
seemingly Of far-rcHChing import and
of very serious probable consequences,
has modified the previously entertained
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 II is pos
Nlhlt utlnttly 10 decide III WllHt why W
call the matter to your attention.
Asks Federal Supervision
Of Interstate Carriers
Not only should thee % action on GER
tain laws affecting wagc-cHrncrs. there
should also be such action on laws bet
ter to secure control over the great busi-
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 II should be
provided that whenever the commission
has reason to believe that proposed ad-
vance In rate ought not To be made
without investigation. II should have au-
thority to issu" an order prohibiting the
advance pending examination by the
commission.
| would not he understood as expressing
an opinion that any or even Il majority
OF these advances are improper. Many
OF the rates in this country have been
abnormaly low. The operating expenses
OF our railroads, notably the wages paid
railroad employees, have greatly in
creased. These and other causes may In
any given case justify AN advance In
rates, and II 30 the advance should be
permitted and approved But there may
be, and doubtless are, cases where this
is not true. and our law should DO 30
framed that the government. as the rep
resentativc OF the whole people. can pro-
tect the individual against unlawful ex-
action for the use OF these public high
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
cral government should exercise super
vision over the financial operations OF
our interstate railroads, In no other way
can justice be done between the private
uwu"ts OF those properties and the pub
lie which pay their charges. When once
an inflated capitalization has gone upon
the market and has become hScd In
value, It's existence must be- recognized
As a practical matter II Il then often
absolutely necessary To take account Of
the thousands Of Innocent stockholders
who have purchased their stock in good
faith The usual result NJ such imitation
Is therefore to impose upon the public
an unnecessary hut everlasting tax
while the innocent purchasers OF the
stock are also harmed and only few
spectators are benefited. Such wrongs
when once accomplished can with dlf
ficulty be undonc; but they can be pre-
vented with safety and with Justice
When combinations Of Interstate railways
must obtain government sanction. when
IL Is no longer possible for an Interstate
railway TO issue stock or bonds. save In
the manner approved by the federal gov
crnmcnt. when that government makes
sure that the proceeds OF every stock
and bond issue 20 into IN" improvement
of the property ana not the enrichment
of some individual or syndicate: when
nnCc In the rogulatlvc action OF the gov
eminent the physical value OF one OF
these properties IL determined and made
known-there Will he eliminated from
railroad securities that element OF IN
certainty which lends to them their spec
ulatiyc 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 20 repent my
accommodation that railways be per-
mttcd 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 Ia pool their
quires that rates shall be 80 adjusted as
not to discriminate between individuals.
localities or different species of trailic
Ordinarily. rates by all competing lines
mus. be- the same. As applied To prac-
teal conditions, the railway operations
OF this country can not be- conducted acc
Curdlng to Law without what Is equivalent
TO conference and agreement. The articles
under which such associations operate
should b" approved by the commission
all their operations should be open to
public inspection, and the rates. reguln-
lions. and practices upon which they
agree should be- subject to disapproval by
the commission.
] urge this last provision with the same
1 purupSlutEg that ! do tho others. This