New-York tribune., 1909-11-20
FREEDOM OF TRADE
THE END In VIEW
WICKERSH1M POINTS
THE WAY.
Suggests Notifications of In
terstdtc Commerce and
aRti-Trust Latcs.

kansas city, Nov. le.-Modincations OF
the interstate commerce act. I'm order TO
secure reasonahleness of rates 90 all and
fairness of practice in the operation Of
interstate railroad lines were suggested
by Attorney General Wickersham I'm an
address here night at the annual din
ner of the Commercial club, given IN
Conmemoration OF the signing NJ the
John Jay commercial treaty. He also
advocated a federal incorporation law. 10
protect corporations from undue inter
ference by the states and prevent the
recurrence Of abuses which have arisen
under state control.
Nj Wickersham said that one Of the
fundamental objections urged To the
present organization and functions of
the Interstate Commerce Commission is
that IL combines legislative. administra-
Awe and quasi judicial functions The
present system. he said. involved con-
stant reversal by the courts Of orders
~ The commission. conflict Of decisions
between the different courts and much
uncertainty I'm the Law other objections
which have been made were mentioned.
The President" said Mr. Wicker
sham. 'fn a speech delivered at Des
Moines, Iowa, in September last enumer-
sted certain suggestions which have
lccn made 10 meet these objections.
For The purpose 81 preventing the con-
tIigt of decisions and the delays and un-
ccrtaintics i'm the enforcement Of the law
which now exist il is proposed To Gre
ato a special tribunal. to be known as
the Commerce Court, In which shall be
exclusively vested all the Jurisdiction
nov possessed by the Circuit and District
courts and the Circuit courts of ap-
Veals Of the United States with respect
toNthe enforcement OF review Of orders
and DEGREES Of the Interstate Commerce
Commission, and that all applications for
in.unctions To restrain orders Of the
commission be heard by all the judges of
this court, whose orders and DEGREES
shall be final except that an appeal may
he taken 10 the Supreme Court of the
United states from fnal decrees in cases
where constitutional question is in
Nolved For the purpose OF removing
the commission from the position OF
prosecutor or Htigant II Is proposed that
al proceedings 10 enforce or defend or
ders Of the Interstate Commerce Com
mission shall be- conducted by the De-
partment OF Justice.
AMENDMENTS SUGGESTED.
The further suggestions are that ,bo
Interstate commerce act be amended as
follows.
ng providing that the cornn,tssIo, bo
sttcnca4ly empowered 10 review c.assifcs-
u"lS both a. 10 items and grouping
or ~ it9Sleins that whenever new rate
..aNsIlc catloh shall be hlel the commits
hl'll may ls order postpone the date when
~ 10 axe eject provided that within
l'lit DAYS after The date of such ord.r
CO. "a complaint be rled that such rafs or
'.sssi'!-au'n i~ unreasonable or unjust or
inquiry into the reasoUa bleness or iustice
'i such rate or classification.
r. Ht liding That TIE commission may
.Hri suspend modify or annul any
changes in rules or regulations which i'm
lnst undue burdens Ou shippers
r5ro..s ~, =, Ing '.at The commission may
'.li-e-ht hlvd with IL. and that IN proceed
-. "l us own initiative il may exercise
..h' powers To those which IL may exercise
~ 4Iag'ecinss based on complaints OF third
t'y specifically empowering the commits
e.'A' 'A The Application of one carrier or
=. eL .AclNldual or al the instance OF the
commission itseI, 70 compel connecting
ca !lgts io unite IN forming a through route
era Tx she rate and the apportiOnrnept
ihtI"9i among the carriers
by providing that n shall be lawful for
,aiir'fs io unite in fixing rate or rates
.io'ata tie same be filed and published:
uce ~ such rate 10 he subject 10 the other
s.'|isipas uf The act In Ike manner as any
~'-.'E h.ed and published rate; tie agree
-, ...NrNfI. not 10 amount 10 A contract
30 Hiallis the rate for any given time,
~ each party u have the right. indepen-
Gem! ~ he other, az any time Ia with
N.oA I!"n 81 a4ieG such rate in conformity
MN tht oiaeI provisions of the statute.
De purpose of ulis proyiso is TO protect
the carriers from tie peualties OF making
az asrfeneHt 10 iestralp uade in violation
40 the sherman act
"By specifically empowering tho commits
tl"n 70 Prescribe rules and regulations un-
Ger which shippers shall uaV. thc privilege
- designating the route over which their
shipments . all he carried 20 destiuati1n
bk Ir"Nding that al agent Of a railroad
f'iHiaIN shan 10 CumVe led, 1fl written
request. 10 state ir writing tie legal rate
over the line - the carrier incluling any
1oint rate o. which such carrier H. IA party
and imposing a fine as "A penalty for siafint.
an erroneous rate IN pursuance Of such re
by providing that after the massage %.
We afntha!A- aci no railroad company
tial acquire stock IN any competing rail-
and after some date 10 be liked iu the act
no railroad company engaged iu interstate
railroad
Py rFoyiding that after tho passage -
The amending act. no railroad company en-
rage iu interstate commerce shall issue
tnr addition al stock or bonds or other
more than twelve months from date 81
iEru-) except with the approval Of the COM
mission, based upon a finding that tile
same are issued foT purposes authorized by
.aw and for price not less than par for
stock and not less tHan the reasonable
market value for bonds. such price being
paid either iu cash uT in property, or ser
Nircs and 81 in property or services then
Tho fair value thereof as determined or
approved hv fhs sommiS~i on.
These notifications in fh" act would. II d
believed. make n complete and Effective
measure cor securing r"asona b'encss or
rates 20 all and fairness 81 practices In ~"
operation u interstate railroad lines with
ouf undue nrefsienc" 10 any individual or
class over any other A"
ANTITRUST LAW MISUNDERSTOOD
Mr.. Wickersham. in Speaking 81 the
sherman anti-frust law said that no las'
80 the statute books - So generally mis-
understood IT, provisions. he said. ale
80 comprehresive aBd unqualified that
literal strained Interpretation has be
come commonly accepted. not only among
liKmcn ia: even among lawyers.
The speaker said the great purpose 90
bs borne in mind co. connection with this
and similar legislation D. always ~
PRESERVATION of the freedom or liberty a.
trade TIL gr.at vice Of monopolies ard
combinations ia rcetraini II trade Is that
farl.f q gfn her