The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1909-09-23

. should be extended to include not only
the fixing of rates after complaint, but
also the readjustment of classification
II 1t proves on complaint to be unjust.
II do not think that until we try
this new amendment M see how 1t
works, we ought to put down the bars
entirely and give to the Interstate
Commerce commission the absolute
power to fix rates in advance n on
their wv initiative, n without COM
llaint filed and investigation made rs
is done in some of the states. 1 think
it a great deal better to proceed eau
tiously in this matter and feel our way
to a satisfactory act which shall ac-
complish the purpose without too dras-
tic or radical action.
Amendments Proposed.
Under the Interstate commerce law
a new rate classification is to be filed
now to authorize the commission to
postpone the date hat such new rate
classification is to take effect, provided
that within 80 days of the date Of the
order, a complaint be filed that sucn
rate or classification is unreasonable
or unjust. 1 am inclined to think that
this is a fair change in the provisions
same right to have changes which at
feet them injuriously, Investigated be
fore they go into effect as it does the
railroad, by appeal to the courts, to
nave 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
reason for It.
"a third amendment to the act should
provide that the commission may by order
suspend, modify or annu any changes in
the rules or regulations which impose UNI
due burdens on shippers. No doubt ought
to be left with respect to the power Of
the commission on such q subject, because
the rules and regulations Of a railway are
the e by which injustice may be done
to the shipper. 1t would seem we'll to
empower the commission to compel car
riers to unite in forming a through rate
throughout and Ak the rate and the ap-
portionment thereof among the various
railroads.
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
Platforms 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
shai. issue any additional stock or bonds
or other obligations except with the ap-
prevail Of the commission, based upon q
finding by the commission tha 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.
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 shal gradually abolish that evil which
is involved in the union of competing
another: and we shall prevent the over
issue Of stock n bonds so as to prevent
watering and to keep the railroad eff
ctent for the service 1t was intended.
Permit Traffic Agreements.
I'm addition to amendments to the law
which are looking to a rather more drastic
regulation Of railroad rates than hereto
fore, another provision should be added
by which railroads may be permitted 10
agree upon traffic rates and make con-
tracts with respect to rates that shall not
be pooling contracts. but shall constitute
agreements as to rates-provided always
that such agreements shall receive the
approval of the Interstate Commerce
commission.
.'.In 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
c,1hof{t p,fn1 q vont,irnvoart that
shall meet the approval of a properly con-
stituted tribunal.
The Anti.1rus! Laws.
This brings me to the question of the
antitrust laws. While we have not
threshed the whole matter out so as to
reach a definite conclusion. I am strongly
inclined to the view that the way to make
the antitrust Law more effective is to
narrow its scope somewhat. so that 1t
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 monopolize or
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-
Of interstate trade as criminal whether
made with intent to m~onopolize or to sup
press competition or without intent to do
either. o.4
1.-THE theory seemed to be that a contract
in restraint Of interstate trade tended to a
monopoly. and therefore shoul be de-
nounced because of its tendency, whether
there was any actual purpose on the part
of the person making 1t to m~onopolize or
suppress competition or not.
This feature of the present antitrust
Law has, 1t seems to me. weakened its