The Bon Homme County independent. [volume] (Tabor, S.D.) 1904-1913, 1909-09-23

II do not think that until we try
this new amendment and gee how II
works, we ought to put down the bars
entirely and give to the Interstate
Commerce commission the absolute
power to fix rates in advance I'M on
their W initiative, and without COM
/ laint filed and investigation made az
Is done In some of the states. / think
II a great deal better to proceed eau
tiously in this matter and feel our way
70 q satisfactory act which shall ac-
complish the purpose without too dras-
tic or radical action.
Amendments Proposed.
Under the interstate law
q new rate eli classification IL to be filed
with h commission. 1t is proposed
now to authorize the commission 10
postpone the date that such new rate
classification is to take effect, provided
that within 30 days OF the date OF the
order, a complaint be filed that such
rate or classification is unreasonable
or unjust. i am Inclined to think that
this is a fair change In the provisions
OF the law. 1t gives to the public the
same right to have changes which af-
feet them injuriously, investigated be-
fore they go into effect as IL does the
railroad, by appeal to the courts, to
have the order of the commission sub
jected to investigation and hearing.
Railroads ought not to be permitted to
change rates unless they can give a
eason for 1t.
"A third amendment to the act should
| provide that the commission may by order
suspend, modify or annul any changes In
the rules or regulations which impose un-
due burdens On shippers. No doubt ought
to be left with respect to the power OF
the commission or such a subject, because
the rules and regulations of a railway are
/ fbo ~ hxt xxyhIoh t14t4ufaOa ~ - Hn d0N.
to the shipper. 1t would seem well to
empower the commission to compel car
riers to unite In forming a through rate
throughout n fix the rate and the APP
portionment thereof among the various
railroads.
1.-THE commission should also be en-
powered to prescribe the rules and regu-
~lations under which the shippers shall
have the privilege to designate the route
over which their shipments shall be car
ried beyond that of the first carrier.
One Platform Promise.
Another most important amendment of
the Interstate commerce law-part of
which was specifically promised in the
platform--is a prohibition against an In
~terstate railroad company acquiring
stock in any competing railroad and the
further amendment that after the pass
age of the amending act, no railroad
company engaged In Interstate
shail issue any additional stock or bonds
or other obligations except with the APP
prevail Of the commission, based upon a
finding by the commission that the same
are issued, first for purposes authorized
BY law, and. second, for a price not less
than par for the stock and not less than
the reasonable market value for bonds,
such price being paid either In cash or
In property or services, and II In prop
erty or services, then at fair value thereof
as determined by the commission.
by these provisions enforced with rea-
son and drawn with a view not to be too
drastic with railroads In the beginning,
we shall gradually abolish that evil which
Is involved In the union OF competing
roads by one road owning the stock OF
another; and we shall prevent the over
issue OF stock and bonds so as to prevent
watering n to keep the railroad eff
cient for the service 1t was intended.
Permit Traffic Agreements.
I'm addition to amendments to the law
which ara looking TO a rather more drastic
regulation OF railroad rates than hereto
fore, another provision should be added
by which railroads cay be permitted to
agree upon traffic rates and make con-
tracts with respect to rates til shall not
be pooling contracts, but shall constitute
agreements as to ra~tes-provided always
that such agreements shall receive the
approval OF the Interstate Commerce
commission.
I'm this wise the operation OF the anti
trust law against traffic agreements be-
tween railroads would be abolished; and
against their absolute prohibition would be
substituted a requirement that agreement
shall meet the approval OF a properly con-
stituted tribunal.
The Anti-Trust Laws.
This brings me to the question OF the
antitrust laws. While we lave not
threshed the whole matter out so as to
reach a definite conclusion, I I'M strongly
inclined to the view that the way to make
the antitrust law more effective is to
narrow its scope somewhat, so that II
shall not include IN its prohibition and de-
nunciation as a crime anything but a con-
spiracy or combination or contract entered
into with actual intent to m~onopolize or
suppress competition In the Interstate
trade. At the common law all contracts
in restraint Of trade, except those which
were called reasonable, the courts would
decline to enforce. The antitrust law de-
~nounces such contracts when In restraint
of interstate trade as criminal whether
made with intent to monopollZe or to sup
press competition or without intent to do
either.
The theory seemed to be hat a contract
i'm restraint OF interstate trade tended to a
monopoly. and therefore should be de-
nounced because of its tendency, whether
there was any actual purpose ON the part
of the person making II TO m~onopolize or
suppress competition or not.
This feature OF the present antitrust
law has. 1t seems to me, weakened its
force because It has seemed to bring with
in the condemnation of the law contracts
and other arrangements which were actu-
ally innocent In their character, and
which were not Included in those vicious
combinations which 1t was the real intent
of the law to suppress. II the crimes de-
nounced in the law were confined TO COM
bInations, conspiracies md contracts
made with intent to monopolize or par
TALLY monopolize Interstate trade, or to
suppress competition I'm interstate trade,
then the real object of the law would
come within its denunciation. and no one
could declare its operation to be unreason-
able in that 1t included a lot OF Innocent
contracts or arrangements.
Opposes Discretionary Power.