The Marion daily mirror. (Marion, Ohio) 1892-1912, 1908-02-01

]
rates In order to make this provi-
sion effective and in order to pro-
a, mote in times of necessity the prop
er movement of traffic. j think 1t
must also have authority to deter
mine the conditions upon which
cars shall be interchanIyed between
different Interstate railways. lt Is
also probable that the Commission
should have authority, in particular
instances. to determine the schedule
upon which perishable commodities
shall be moved.
| "ln this connection desire to re-
peat my recommendation that rail-
ways be permitted to form traffic
associations for the purpose of con-
ferring about and agreeing upon
rates. regulations and practices af-
fecting 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 requires that rates
shall be so adjusted as not to dis
criminate between individuals, To-
calities, or different species OF
traffic. Ordinarily, rates by all COM
peting lines must be the same. AS
applied to practical conditions, the
railway operations of this country
can not be conducted according to
law without what is equivalent to
conference and agreement. The
articles under which such associa-
( tions operate should be approved by
the Commission; all their operations
should be open to public inspection;
and the rates, regulations, and prac-
tices upon which they agree should
be subject to disapproval by the
Commission.
! "F.urge this last provision with
the same earnestness that l do the
others. This country provides its
railway f.lcilities by private capital.
Those facilities will not be adequate
unless the capital employed is as
sured of just treatment and an ade-
quate return. In fixing the charges
OF our railroads, believe that, con-
sidering the interests OF the public
dlOHt, IL 10 DtltCT W dllOW wv ~
eral rather than too scanty earnings
for, otherwise. there is grave danger
that our railway development may
not keep pace with the demand for
transportation. But the fundamen-
tai idea that these railways are
public highways must be recognized,
and they must be open to general
public upon equal terms and upon
reasonable terms.
In reference to the Sherman anti
trust law, | repeat the recommenda-
tions made in my message at the
opening of the present Congress, as
well as in my message to the pre-
vious Congress. The attempt in this
law to provide In sweeping terms
against all combinations of what
ever character, If technically in re-
straint of trade as such restraint
has been defined by the courts,
must necessarily be either futile or
mischievous and sometimes both.
The present law makes some COM
binations illegal, although they may
be useful to the country. On the
} other hand, as to some huge COM
binations which are both noxious
! and illegal, even II the action un-
dertaken agains them under the
law by the Government is success
, ,ful, the result may be to work but
, a minimum benefit to the public.
Even though the combination be
: broken up and small measure OF
, reform thereby produced, the real
! good aimed at can not be obtained
! for such real good can come only
, by a thorough and continuing super
vision over the acts of the combina-
{ ton in all It's parts, so as to pre-
, vent stock watering, improper forms
5 OF competition, and. in short, wrong
4 doing generally. The law should cor
rect that portion of the Sherman
Q Act which prohibits all combina'
: tions of the character above describ'
: ed, whether they be reasonable ol
: unreasonable but this should bt
r done only as part of genera
o scheme to provide for this effective
0 and thoroughgoing supervision b!
i the National Government of all thu
~ operations VI tho oiS ihtsiSs"'S p"S'
II ness concerns Judge Hough, of New
o York, in his recent decision In th'
y Hartman case, states that the Con
i gress possesses the power to limi
i the interstate operations of corpora
! tions not complying with Fedora
Q safeguards against the recurrence
II of obnoxious practices, and to II
l. cense those which afford the publi
70 adequate security against method
's calculated to diminish solvency ant
h therefore efficiency and economy II
. interstate transportation. The judg
d adds that in these matters 9TH
10 power of Congress Is ample. thougl
as yet not fruitful in results" 1t
4 very earnestly to be desired tha
N either along the lines the judge in
l. dicates, or In some other way equal