Weekly Arizona journal-miner., 1908-02-19

The general purpose u THAT laN Nar
- secure the equality q right between
shippers and communities which bad
been So generally ignored. Favored
individuals and localities had been en-
riched. AMI uufayotcd ores nad b"cn
/ brought to poverty Much relief was
anticipated from this measure AMI.
indeed. the gros.er forms Of disrrim
mating favof- were for time appar-
emily checked.
While the commission rp-,r,'ed
power To- seek and discover lrvla,ions
| from the law, i, had n" power - de-.
clnre iu., rules Of action Or to enforce
H. DEGREES concerning unjust pra'.
! ,icc.. Time and again. but in VAN.
/ I'D the commission repr",en; - CON.
I grc.. the defect. in ;he Law a. a rene
! dial measure for the abuse. against
which i, was aimed. aud tim" and
/ again IT, recommendations were
/ ignored. The unwillingn"s. II Con
\ gres- 20 remedy The Law : defects and
/ 'he apparent disposition 90 toe courts
strictly 20 con.true its provisions pfac.
/ tl,aiiy nulliGed this legislation.
IN the year 1902. and for some 'im"
previous. railroad and other corporate
/ abuse. were hagrant and widespread
| aud much confusion existed a. - the
/ state IT the law concerning 'b'm.
/ Grave doubt. bad been cxpro--'d Boy
\ committees Of Congress and other high
authorities as go the power ~ Congress
I under the constitution 10 defeat new
\ and subtle plans FOR bringing under q
single control the great producing and
! transportation corporations uf the
country aud 20 reach the cunning De-
vices employed 20 prefer one -uippcr
over another The organization ~ th"
| Northern Securities company 90 throt-
ne railroad competition ia The north.
west and the fact that the large beef
packers and grain dealers On the mid
die west had entered into Illegal ar.
rangements with the railroads for re-
bates and discriminating advantage,
In transportation which gave them a
complete monopoly Of business for
merly enjoyed by a large number Of
persons distributed over Tho entire
country. developed n situation IN the
carly DAYS Of the Roosevelt admins
tratiou which required prompt action
along new and untricd lines. The first
important act 81 the administration
|
tion that the plenary power ~ Con.
gre-s over all kinds Of transportation
aud Us instrumentaliiies had not been
exhausted by the sherman antitrust
law nor by the Interstate Commerce
act. and the announcement that steps
,uld he taken M once 10 secure in.
corporations Of all existing laws, with
view ~ confirming the theory " the
completeness - the federal power AZ
applied 10 tue situation and as guide
in considering the necessity for new
legislation.
Pursuing this policy the monopolies
created by secret and preferential
rates for railroad transportation were
successfully attacked in suits in equity
10 eniOin the violation Of the law
against rebates and determinations
thereby establishing for the first time
| the right Of the attorney general Ca
. appear in court 81 equity in behalf
I Of large numbers Of people and see
tions Of the country affected by a VIC.
lation ~ law. In these eases the grea,
remedy 81 injunction was employed 10
! enforce popular rights. The govern
? ment also succeeded In branding as out
laws the combinations Of independen,
? corporations 10 fix and maintain eNtor
p tionate prices Of meats, made possible
p through Illegal arrangements with the
I railroads. aud drove them, when con
4 frontcd In court with overwhelming
evidences 81 guilt, 90 fly 90 the pro
p lection Of n demurrer 10 prevent tn,
/ revelation 81 the evidence that the gov
+ eminent had collected with unsparinq
: pains 10 establish violations Of the law
: In the suggestions made by the al
=. ministration to Congress ut it's request
Z respecting now legislation IL expressly
I disavowed the purpose Of announcing =
complete scheme " governmental regu
' lation Of railroads and combinations
. but made certain specific suggestions
. when II thought would greatly i'm
F: prove the situation.
The specific recommendations wer,
= these: n practical and effective law "a
b punish the persons receiving rebates
, a. well as those paying them; n law t.
, empower the federal courts 10 issue in
functions at the suit Of the attorney
. general Of the United states TO pre-
| vent rebates; n law making IL unlaw
ful 10 transport traffic by carriers sub
! jeet 20 the "aet Ia regulate com
| fFfff ~ my thA' hT7 0u'u
p riers published rate; a law 20 enable
= the government 10 get at all the fact
hearing upon the organization an'
b practices Of concerns engaged In inter
a state and foreign commerce. and a Law
: 10 secure speedy decisions ~ cases un
. der the antitrust and interstate com
/ merce laws.
Y Every one Of these suggestions Doe
came law within sixty days after i
I was proposed.
. II would be Difficult, 10 overstate th
y enormous value Of this legislation &
4 the public. 1, did more 90 confirm
. the party Of Abraham Lincoln in IN
+ affections and confidence Of the pcopl
than any body ~ substantive law On
Il acted since his death. n was highl
J. commended by President Roosevelt Il
4 his message 10 the Fifty.eighth Con
!. grcss aud In his public speeeaes dur
. ing the year following its passage.