The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1909-12-05

! the state department Is COLlIluCHt nc
he viii be left here to carry on that
work.
Every bushel OF wheat, practically
every interstate railroad and every
! grain shipper in the middle west is at
fected bv an order Just issued by the
interstate commerce commission post
pOning the effective date of the COM
MISSIONS order in what are known as
the Peavey elevator cases. SeVeral
dates were fixed by the commission for
its order to become effective, but IoT
various reasons it has been postponed
until April !, 1910, in order that the
Eighth circuit court might have OPP
portunity to hear the cases, me sun
was instituted to rescind the order OF
the commission prohibiting payments
for elevation of wheat under the Pea
vey contract with certain rallrOdus'
The commission joins with the grain
shippers in a desire to obtain a judicial
opinion of the question underlying the
commissions original order. the Ell
feet of the order was to prevent the
railroads from paying II cents a nun
dred pounds for the elevation of wheat
to any person or corporation engaged
in the buying, selling or shipment OF
grain. This order interfered seriously
with contracts that Peavey & 90.
had with western railroads at Mime
apOlis, ST. Paul, Omaha and other cities
in the middle west It is expected that
a judicial determination of the cases
may be reached by April !.
Secretary Knox is determined to pro-
coed with caution and with due re-
gard for Justice in his treatment OF
President Zelaya Of Nicaragua. He is
restraining the more impetuOus of his
assistants from rushing an attack on
the Nicaraguan president by insisting
that the full facts as to the execution
of the two Americans be asceTtained
before definite action IS taken. One
point remains to be determined. If the
two Americans were members OF the
revolutionary army and were acting
under the orders Of their superiOrs
when they planted tine mines in the
San Juan river, Zelaya is guilty Of
serious breach Of international law and
the rules which govern military war
fare. If on the other hand, the two
Americans were acting on their own
responsibility, as individuals, Zelaya
is thought to have been justified in
ordering their summary execution. One
OF the most eminent authorities on in
ternatiOnal law in the army explained
the attitude of the state department TO-
day. The international laws of neu-
trality," he said, ARE framed to pre-
vent filibusteTing. If men in 6libuSter-
ing expeditions are captured they
should be returned to their own gov
ernments for trial. The United States
is not always able to prevent some of
its citizens from joining the military
forces of another country, whether
THESE LOlEES DG 3 Wv tl ulllCLAcl OL rev
OlutiOnary. If the two men, as APP
pears in this case, allied themselves
with either a regular or a revolution
airy army, and were acting under the
direction of their superior officers, they
could be taken prisoners and tried by
a military court. But no court acting
within the lines of The Hague agree
ment could sentence a man, native or
foreign, to death unless he was proved
to be a SOY or was acting independent
liz Of frr11rr mi 90 ion
The regulations for the collection of
the 1 per cent special excise tax of the
Payne tariff law, commonly known as
the corporation tax" have been ap-
proved by President Taft Secretary
MacVeagh devoted painstaking study
TO the formulation Of these regulations
and he believes that when the Tegula-
tiOns are made public much of the crit
iCism which has been directed against
the tax because of the difficulty OF
poets that it viii increase the revenues
to the extent of S27 100000 a year. One
hundred and twenty two thousand cor
pOratiOns viii be required to make re-
turns. One Of the interesting qUes-
lions which confronted the secretary
Of the treasury was whether the law
applied to the Philippines and Porto
Rico. The law says that it shall ap-
ply to corporations organized under
the laws of the United States, or of any
state OF territory, OF under the acts of
congress applicable to Alas--a and the
District of Columbia. There is a fur
Their provision that foreign corpora
lions doing business in the United
States shall be taxed on their business
in this country. The treasury depart
ment will hold that corporations or
gained in the Philippines or Porto
Rico which are not engaged in BUSH
ness in this country are not subject to
the tax.
The coming session of congress will
probably begin a bitter fight on the
question of postal savings banks This
question has been agitated at the cap
itOl for some years past but IT has
never been put to a vote in either
body because the Republican leaders in
congress thought it wiser to wait until
the sentiment of the country had he
come solicited, after all had been
given an opportunity to study the pro-
posal. the advocates Of the measure
contend that as IT was adopted as a
part of the Republican platform at
Chicago It is necessary to vote on il AZ
the coming session. There are others.
however, who believe that the matter
should not be taken up until the none
tary commission has made its report tn
congress. as the question of the postal
savings banks has a direct bearing on
the financial system Of the country and
as the establishment OF such banks
might interfere with the full and COM
prehensive scheme the commission is
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