New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-08-19
TRUST LAW CHANGES
cuFPM4N AND INTER-
cTATE ACTS INTOLVED.
plan TO Take Railroad Jurisdiction
from Former and Make Com
mission Judicial Body.

bring about change in the Sherman anti
=. ect and the interstate commerce law that
~, result IN more effective enforcement Of
~. government regulations was said yesterday
lau-ver engaged in extensive federal prac-
~, ~ % he contemplated by Representatives in
-sss II was also said that Attorney Cen
=, u-ickersham was here at present expressly
:. ,he nurpose Of studying. free from interrup-
-. .be TWO laws and the decisions under them
80. Vas taken as significant Of the govern
IT'S discrimination 10 suggest changes that
-as he more economical and. more sfacile in
'o,+rolling railroads and private corporations
Irv change in either act would not mean
--.,kaning OF government control. 81 was said
~. nurposed legislation would take from the
rbs-rnan act any power involving the enforce
-,.nt Of laws regarding common carriers This
-.ouls he transferred 10 the Interstate Commerce
commission The latter would he changed into
/, nurely judicial body. with power 10 enforce
,,s DEGREES all criminal cases and investigations
= srseed criminal acts 10 be absolutely in the
A.rds az the Department Of Justice This might
,.roIvs q transfer Of the commission TO the De-
nsrtnent Of Commerce and Labor. fl was said
- ,bs. il might command larger force 20 aid
Tin its work
s,o, control Of the railroads IL was said that
,hsr affairs would be under the supervision Of
,,rsr,s There would be no division OF power
:, conflict and no division Of the labor OF en-
.,rsng the Law. A reporter for The Tribune
,.ked J. W II. Grim. the assistant TO United
s,s,es Attorney WISE about the prospective
As-res He has had charge Of preparing the
r,ses OF the government here under the two
..,s Nr Grim said:
"A change would simplify and make more ef-
.srive each act It is true. Now the Interstate
commerce Commission will investigate charges
at rreat length. viii find that they involve Grim
rs prosecution and refer the case 10 the De-
rsrtnent Of Justice. II is then necessary for
me officers OF the latter 10 make another in
rsstgstion before prosecution is begun. II the
esnmission's jurisdiction were confined 10 civil
matters altogether il would do more effective
vurk-thst Is. If il had the power 10 enforce its
dscrees
The act Of 1887 was based on an English law
,sssed about fifteen years before. The commits
son vas established with the idea that II
shipper found that he was being Disseminated
srsinst IN rates he could make complaint.
vtirh the commission would investigate. II the
complaint were found 10 be based on facts,
scsMcstion would be ordered But il had no
poTe. 70 enforce it's decisions. II had 20 go 10
The cours where a fine and imprisonment or
ether could be imposed. In 1908 the so-called
M1ns iew was enacted. which took the TN
pisunnent clause out Of the original act. In
B@ the Hepburn act gave the commission
power TO enforce it's DEGREES and the only re-
course the railroads had was 10 get injunctions.
he old Imprisonment clause was reinserted.
T changes are 20 be made the most effective
rugld be- SIS reported 10 be the intention 10
eliminate the Investigating function from the
Interstate Commerce Commission and make fl
judicial body, and 10 take regulation of COM
nor carriers out NJ the Sherman act" Mr
c-in said. IF the commission had the power
sis rurposed 10 confer upon II. at the time of
ihs orgsnizauon Of the Northern Securities
Company. II could have ordered the dissolution
the company without more ado. The change
suud place the national highways under sthe
control Of experts.
The Sherman act should apply 20 private
nTorstions. With the commissions scope
hHos as is purposed q state would be able to
apply to II for relief in the enforcement Of rea-
naabe regulations with much more hope Of
Feedy relief than al present state gives a
Aroao the right of eminent domain. and for
ms should give reasonable rates. II it failed
@ao SO the commission could quickly determine
peh remedy. The change, IL seems 10 me.
1oao be a reasonable and logical thing. II
'ooo certainly not disturb business affairs,
wy would receive the support Of business in
t=es.s
No act Of Congress can he called effective.
course, until the courts construe It, There
~se been about twenty-five decisions in cases
~uT ne Sherman act. and three momentous
eesce may be handed down before Congress
@-siS those in the prosecutions OF the Standard
~ company, the American Tobacco Company
sno ue so-cslled Powder Trust. There should
nuue doubt as 10 the effectiveness or scope
'he act after these decisions. showing its
NAhsss and strength where IL can be
t'heneo or whore the weaknesses may be
Eliminated"