Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1908-12-30
CLAIM THAT REPUBLICAN PARTY
is CONSTRUCTIVE IS REFUTED
Especial Washington Correspondence of
The ArguS.(

Especial Washington Correspondence of
The Argus.)
A favorite allegation by Republicans
is that the Democratic party has not
been constructive; that 1t has been
negative, merely an opposition party,
obiecting always and suggesting never.
ApropoS the supreme court few
days ago handed down an opinion that
Z. II. Hartman. president of the I'm
ion Pacific Railway company, need not
answer certain questions propounded
to him by attorneys of the interstate
commerce commission. The decision
essentially narrows the scope OF the
commission and thus puts farther away
the day when real regulation of com
mon carriers shall have been achieved.
This case was begun by the initia
tive of the commission to determine
whether or not the Hartman financial
forces In Wall street had violated the
antitrust law by consolida ting the I'm
ion Pacific and Southern Pacific roads.
1t was believed the consolidation had
accomplished q combination in restraint
of trade, a thing theoretically repug-
nant TO the spirit of the antitrust
statute.
Republican Made Laws Inadequate.
That the consolidation did actually
eliminate competition in what is com
monty known as Hartman territory
every sleeping car porter. every brake
man, every Office boy west OF the Mis-
souri, river and south of the Yellow
! stone knew, yet so inadequate is the
system of federal statutes construct
| ed by the constructive" Republican
party that there exists no known agen
cy in the United States which has pow
er to place upon the records of thu
| courts that universally known fact.
| Every one who knows anything abou
tie matter knows that the combination
| is restraint of trade. and yet The
| mighty judicial arm Of the law. co-or
dinating with the commission as Of TIT
mighty executive arm of the law, can
not officially reiterate to the countr!
what already the country knows.
1t would be absurd to create or ICON
struct" system of enactments which
would inhibit the government iron
! making record of the fact that the SUI
} shines, yet approaching that tremeil
dous truth is the truth that the Harri
, man system Of common carriers ha
) absolutely destroyed competition bs
: tween the Union Pacific. Southern Pa
, cific, Oregon Short Line and Uta
5 Northern. Central Pacific, oregon Raj
: road and Navigation and several Jesse
! roads and handed over to Mr.. Harr
: man control of all freight and passer
Z ger carrying in approximately on
third of the continent.
The government official may afr,
!. ! that the sun shines, but may not writ
. into the court records that that equal
= patent thing exists-the Hartman r
' straint of trade.
And yet the laws under which thes
inhibitions have been judicially il
{ dorsed by the supreme court wei
CONSTRUCTED" by the Republican part
were sought to be avoided by Repu
g lican commission and have now bee
e construed by court of last resort
r, which the major number of the mer
D bers were appointed by that san
6 party.
ri Ii Is not sought here to debate II
D. wisdom OF the decision. Let learn.
E. lawyers discourse anent that. But.
Il the light of the often repeated char.
j, of nonconstructiyeness of the Dem
If cratic party. the present helplessne
lie Of the government to accomplish som
lie thing substantial in regulation OF ca
r. riers. to say the least, is interesting
20 opiate For Commerce Commission
ie l may go further and assert tn
. there Is well defined fear in the
re terstate commerce commissions offic
ld here that other court decisions will
ID Forthcoming which will place the col
d, mission exactly where It was after Z
[y celebrated maximum rate case"
st which In 1894 the court put the col