The Washington herald., 1908-02-01

junctive process to forbid peaceable ac-
ton to accomplish the lawful objects lot
which they are organized and upon Whicn
their success depends The fact that the
punishment for the violation of an IN
junction must 90 make the order eHec-
tive, necessarily be summary and with
out the Intervention OF jury, makes us
issuance in doubtful cases dangerous
practice, and IN itself furnishes reason
why the process should be surrounded
with safeguards 10 protect individuals
against being eniOined from exercising
their proper rights, Reasonable notice
should be given the adverse party.
This matter is daily becoming of graver
importance. and l cannot 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 VIII
tend 10 grow 50 extreme as 10 produce
revolt against the whole use of the proc
ess of Injunction. The ultra-conserVa-
tiyes who object 70 cutting out the abuses
win do well to remember that II the pop
ular feeling does become strong many OF
those upon whom they rely to defend
them viii be the first 20 turn against
them Men of property cannot aHord
to trust 10 anything save the spirit OF
justice and fair play; for those very pun
lie men who, while IL Is to their interest
defend all the abuses committed by cap
ital and pose as the champions OF con-
servatiSm, viii. the moment they thnh
their interest changes, take the lead IN
Just such a matter as this and pdndeI
To what they esteem popular feeling by
endeaVOring. for instance, effectively 10
destroy the power of the courts IN mat
tiers of injunction; and VIII even seek 10
render nugatOry the power 10 punish for
contempt upon which power the very
existence Of the orderly administration
of justice depends.
Regulation of Commerce.
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 busi-
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 its own in
itiative. Moreover, u should be provided
that whenever the commission has reason
to believe that a proposed advance IN r
rate ought not TO be made without IN
yestigatiOn. it should have authority to
issue an order prohibiting the advance
pending examination by the commission.
] 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
ahnOrmally low. The operating expenses
of our railroads notably the wages paid
railroad employees, have greatly increased
These and other causes may IN any given
case Justify an advance In rates, and II
So the advance should be permitted and
approved. But there may be, and doubt
less are. cases where this is not true
and our law should be SO framed that the
government, as the representative OF the
whole people. can project the individual
against unlawful eXaCtiOn for the use
Of these public highways. The Interstate
Commerce Commission should bee pro-
vided with the means 10 make a physical
valuation of any road rs 10 which IL
deems this valuation necessary IN some
form the Federal government should eX-
eTciSe supervision over the financial Oper-
ations of our interstate railroads In no
other way can justice be done between
the private owners of those properties
and the public which pay their charges.
When once am inflated capitalization mas
gone upon the market and mas become
fixed iu value, It's existence must be rec
OguiZed. As a practical matter 10 Is then
often absolutely necessary to take a@-
count of the thousands of innocent stock
holders who have purchased their stock
in good faith. The usual result of such
imitation is therefore 10 impose upon the
public an unnecessary but everlasting
tax. while the innocent purchasers OF the
stock are also harmed and only few
spectators are benefited. such wrongs
when once accomplished can with DIN
Guilty be UndOne; but they can be pre-
vented with safety and with justice
When combinations of interstate railways
must obtain government sanction, when
: il is no longer possible for an interstate
railway TO issue stock or bonds, save in
I the manner approved by the Federal gov
erument, 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
dnce in the regulatlve action OF the gov
enmeut, the physical value Of one of
these properties is determined and made
. kn0Wu-theUe viii be eliminated from
railroad securities that element of un-
certainty which lends 10 them their spec
ulatiye quality and which has contrib
uted much 20 the financial stress of the
+ recent past
/ Physical Operation of Railways.
I think that the FEDERAL governmen;
must also assume certain measure OF
/ control over the physical operation OF
/ railways i'm the handling of interstate
/ traffic. The commission now has au-
thOTity 10 establish through routes and
/ joint rates In order to make this pro
/ vision effective and in order % promote
/ i'm times of necessity the proper move
ment Of traffic, ! think it must also nave
authority 10 determine the conditions
/ upon which cars shall be interchangeC
] between different interstate railways Il
/ is also probable that the commission
should have authority, i'm particular in
/ stances, 10 determine the schedule UpOT
which perishabie commodities shall Dt
moved.
In this connection I desire 20 repeat
my recommendation that railways be per
mitted o. form traffic associations fOl
/ the purpose OF cOnfeTTing about and
/ agreeing upon rates, regulations, and
/ practices affecting interstate business II
which the members OF the association are
mutually interested. This does not NEAR
. that they should be given the right u
I pool their earnings or their tratlC. The
/ law requires that rates shall be 81
i adjusted as not 20 discriminate betweer
/ individuals localities, or different specie!
/ OF traffic Ordinarily, rates by all com
petiug lines must be the same. As ap
Piled 10 practical conditions, the railway
/ operations of this country cannot be con
/ Quoted according TO law without what i,
I equivalent TO conference and agreement
The articles under which such aSSOci3
I ti0ns operate should be approved by IN,
commission, all their operations should
be open 10 public inspection, and IN,
rates, regulations, and practices UpCI
/ which they agree should be subject {,
disappTOVaI by the commission.
I urge this last provision with the SANE
eaTnestuess that / do the others. Thi
country provides its railway facilities
by private capital. Those facilities viii
not, be adequate unless the capital EN-
pl0yed is assured Of Just treatment an,
an adequate return Tn fixing the charge
of our railroads. I believe that. cOnsid
ering the interests of the public alone, j
is better 10 allow too liberal rather thar
too scanty earnings, for otherwise, Their
is grave danger that our railway develop
ment may not keep pace with the de
mand for transportation. But the fun
damental idea that these railways ar
I. EMPLOYERS