The Ely miner., 1908-02-07

1t is all wrong to use the Injunction
to prevent the entirely proper and leglti-
mate actions of labor organizations in
their struggle for Industrial betterment,
or under the guise of protecting property
damental rights of the individual. 1t is
futile to concede, as we all do, the rlght
and the necessity of organized EFFORT on
junctive process to forbid peaceable ac-
ton to accomplish the lawful objects for
which they are organized ana upon
that the punishment for the violation
of an injunction must, to make the oruer
effective, necessarily be summary and
without wi the inteFUehtGh dhtf Gases Ca DANCES
Gus practice, and in itself furnishes
reason why the process should be sur
dividuals against being enjoined from ex-
ercising their proper rights. Reasonable
notice should be given the adverse party.
This matter is daily becoming of graver
importance and 1 can not too urgently
recommend that the congress give care
full consideration to the subject. Ii some
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
ativeS who object to cutting out the
abuses will do well to remember that if
the popular feeling does become strong
many of those upon whom they rely to
defend them will be the first to turn
against them. Men of property can not
afford to trust to anything save the spirit
Of justice and fair play; for those very
public men who, while it is to their in
terest, defend all the abuses committed
by capital and pose as the champions OF
think their interest changes, take the
lead in just such a matter as this and
pander to what they esteem popular feel
ing by endeayoring for instance, ef-
fectively to destroy the power of the
courts in matters of injunction; and Will
even seek to render nugatory the power
to punish for contempt upon which pow
miniStratiOn of sjuStice depends.
1t is my purpose as soon as may be 10
submit some further recommendations In
reference to our laws regulating labor
conditions within the sphere of federal
authority. very recent decision of the
supreme court of the United States rem
in the case of Adair VS.. 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 degree as to make
necessary careful consideration of the
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 busl-
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, it should be
provided that whenever the commission
has reason to believe that proposed ad-
vance in a rate ought not to be made
without investigation, it should have au-
thority to issue an order prohibiting the
advance pending examination by the
commission.
1 would not be understood as expressing
an opinion that any or even majority
of the rates in this country have been
abnormally 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 if so the advance should be
permitted and approved. But there may
is. not true: and our law should be so
framed that the government, as the rep
resentative of the whole people, can pro-
tect the Individual against unlawful eX-
action for the use of these public high
ways. The Interstate Commerce M
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
eral government should exercise super
vision over the financial operations of
our interstate railroads. In no other way
can justice be done between the private
owners OF those properties and the pub
an inflated capitalization has gone upon
the market and has become fixed in
value, it's existence must be recognized.
AS practical matter it is then often
absolutely necessary to take account of
the thousands of innocent stockholders
who have purchased their stock in good
faith. The usual result of such imitation
is therefore to impose upon the public
an unnecessary but everlasting tax,
while the innocent purchasers of the
stock are also harmed and only few
speculators are benefited. Such wrongs
when once accomplished can with diff
ficulty be undone; but they can be pre-
vented with safety and with justice.
When combinations of interstate railways
must obtain government sanction; when
it is no longer possible for an interstate
railway to issue stock or bonds. save in
ernment; when that government makes
sure that the proceeds of every stock
and bond issue go into the improvement
of the property and not the enrichment
of some Individual or syndicate: when,
whenever it becomes material for guild
ance in the regulative action Of the gov
these properties is determined and made
known-thsre will be eliminated from
railroad securities that element of un-
certainty which lends to them their spec,
ulative 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 to repeat my
recommendation that railways be per-
mitted 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 to pool their
earnings or their traffic. The law re-
quires that rates shall be so adjusted as
not to discriminate between individuals,
localities, or different species of traffic.
Ordinarily, rates by all competing lines
must be the same. AS applied to prac-
tical conditions, the railway operations
of this country can not be conducted ac-
cording to law without what is equivalent
to conference and agreement. The articles
under which such associations operate
should be approved by the commission;
all their operations should be open to
public inspection; and the rates, regula-
tions, and practices upon which they
agree should be subject to disapproval by
the commission.
I urge this last provision with the same
earnestness that l do the others. This
country provides it's railway facilities by
private capital. Those facilities will not
be adequate unless the capital employed
is assured of just treatment and an ade-
quate return. In fixing the charges of
Our railroads. believe that cOnSidaripo