The Idaho recorder. [volume] (Salmon City, Idaho) 1886-1927, 1908-02-13

used heedlessfy and untustly, and tnat
grave and occasionally lrreparabie wrong
upon those enJoined.
II IL all wrong 10 use the Injunction
70 Prevent the entirely proper and legtu-
mate actions of labor org anizations 10
their struggle for Industrial betterTnent.
or anae. the guise. Of protecting properly
ItEnts UnWarranthbsy TO invade the run
dainentai rights Of the Individual IL ~
futile 10 concede. as We all do, the right
and the necessity Of organized effort on
the part of wage-earners and yet BY m
Junetive process to forbid peaceable ac-
non 70 accomplish the lawful objects LOT
which their success depends The fact
that the punishment for the violation
OF an injunction must. to make the orasr
without the Intervention of jury makes
| It's issuance In doubtful cases a DANGER
Gus practice. and In itself furnishes q
rounded with safeguards to protect in
divfduais against being enjoined from eS-
ercising their proper rights keasonae,s
This matter is daily becoming OF gravsf
Importance and / can not too urgently
recommend that the congress give care
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
\ revolt against the whole use OF the
process OF injunction. The ultra-conserv-
abuses Will do wen 10 remember that IL
| the popular feeling does become strong
many of those upon whom they rely 10
against them. Men of property can not
| afford to trust to anything save the spirit
OF justice and fair play. for those very
pubic men who, while IL Is to their IN
| teTest. defend all the abuses committed
by capital and pose as the champions OF
conservatism will. the moment tasy
lead In just such a matter as this and
pander TO what they esteem popular feel
Ing ng,,a by endeayorng, for instance; ct, 81.
courts In matters Of Injunction: and Will
even seek to render nugatory the power
to punish for contempt. upon which pow
err the very existence of the orderly ad-
ministration of justice depends.
IL Is my purpose as soon as may be 10
reference to our laws regulating labor
conditions within the sphere. Of federal
authority. A very recent decision OF the
supreme court of the United States rem
dered since this message was written,
| In the case of Adair United States
seemingly of far-reaching import and
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
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 to
pass upon any rate or practice on Its
own initiative. Moreover, 1t should be
provided that whenever the commission
has reason to believe that a proposed ad-
vance in rate ought not to be made
1 x-tf
thority to issue an order prohibiting the
advance pending examination by the
commission.
l would not be understood as expressing
an opinion that any or even majority
of these advances are improper. Many
of the rates in this country have been
of our railroads, notably the wages paid
railroad employees. have greatly in
creased. These and other causes may in
any given justify an advance In
rates, and II 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 sc
framed that the government, as the rep
resentative of the whole people. can pro
,, action for the use of these public high
! ways. The Interstate Commerce Com
mission should be provided with tbs
any road as to which it deems this valu
alton necessary In some form the fed
eral government should exercise super
| VISION over the nnanclaI operations O.
, our interstate railroads. In no other wa!
can justice be done between the private
owners of those properties and the pub
lie which pay their charges When onc'
an inflated capitalization has gone upol
! the market and has become fixed Ii
, value, its existence must be recognized
! i AS a practical matter 1t Is then Otter
! absolutely necessary to take account o
! the thousands of innocent stockholder
who have purchased their stock in goo
faith. The usual result of such imitation
is therefore to impose upon the publ
an unnecessary but everlasting tax
: while the innocent purchasers of tn
, stock are also harmed and only a few
1 | spectators are benefited. Such wrong
, | when once accomplished can with diff
!. vented with safety and with justice
When combinations of interstate railway
= must obtain government sanction: whel
: It is no longer possible for an interstate
: railway to issue stock or bonds save ii
. the manner approved by the federal gov
: eminent: when that government make
!, | sure that the proceeds of every stool
and bond issue go into the improvement
of the property and not the enrichmen
OF some individual or syndicate; when
n whenever II becomes material for guild
I ance in the regulative action OF the gov
: eminent, the physical value of one o
e these properties is determined and mad
e railroad securities that element OF un
q certainty which lends to them their spec
q ulative quality and which has contribute
t much to the financial stress OF the re
: cent past.
= Would Permit Pooling
:. Of Railroad Interest
h In this connection desire to repeat m
/ recommendation that railways be per
n mitted to form traffic associations for tn
g purpose of comforting about and agree
: ing upon rates. regulations, and practice
l. affecting interstate business in which tn
e members of the association are mutual
$ interested. This does not mean that the
! should be given the right to pool thei
ear ~
& auires that rates shall be so adjusted a
y not to discriminate between individuals
# localities. or different species of traffic
4 Ordinarily, rates by all competing line
L Amust be the same. AS applied To prne
L teal conditions. the railway operation
II of this country can not be conducted &C
= cording TO law without what is eQuivalen
il to conference and agreement The article
/. under which such associations operat
y should be approved By the commission
= ~ 49, ..,,s,.. a - WIN