The Montgomery advertiser., 1909-01-12

Washington. Jan. 1l.--The Interstate ccmmekce Commission today trans
 mitted to the Congress It's report for tue year 1908, .,. .. }t. &s fE fhancisi depression from which the sS county ,s pcy ss9ersipg resulted snts6 sn rsesH reacssd in fsoa Ssl0 the .nS S.nnef year pom in of gross and net earnings as well as yslsms Of sssfe and that M in sss,nd .sysTal rtilroad properties in the hands of re- csivers was wholly or partially due to :he ssrtouss and unexpected decrease widely circplated reports that the loss inhicted upon the railroads was so se- were as to warrsnt universal advances both. it'is interesting to note that. the Erpss earnings of all railroads for 1908. although ti54lefs4l less than the zio in ssxcsss of the gross earnings for 1906 and t34f.l58.23i in excess Of those Tor 1905. and that the net earnings for for 1907 and S5s,34s.1 13s less than for those for 1908. Tffese figures. Indicate i & indvisssi casss 2 ss ssiroad. e lAef os the country as c whole. did not suf- fer 1se severely. in, cernparison with
 sai,ioa. sadi nSTn bsys ssneraIiv ns bss
 supppsed. The. recent change In ac-s connttnE methods may anect to some. exssnt the accuracy of these compari- atiops dh&stosthat cause did not mate thlly} alter the general result It Is pointed out that continuing business shs msintsnafSe S1S " Of p parsicuisr asie Ia rstes which are unreasonable in themselves' or s1duly discriminatory, since the rafez does not depend upon the haan- cfal condition, of the carrier. #
 The Hnxriman ,Deetsien.
 Tn E. H. Hartman vs. Interstate Commerce sQommtssion. decided Dec. ,ff, ssSsss t1s S.ia the decson the Circuit Court, that the. appellant c6uld no, be required to answer tcer-' sss ssn ssesion sS hm ey someMh ht important bearing upon the work ofs tiis body which, Congress sTThe' Commission had instituted upon road :consoiidatins aha combinatins, which. had been prosecuted with special ripans. s.in, copnsction with the Union Pacific, the 'Southern Pacific, and the allied interests. In the course of this Union Paeiac.s in; which MT. Harrimaf ehsssd of the Chicago and Alton Alto and Blocks of stock. and he was @ asked sd s Tetsss hs 6sa inssress ,n chased by the Union Pacide.- < It ap- peareds what the price paid by. the vas % also asked Hs in nS 0ne ii instance "so to state. in case he owned any of the stock thus purchased by the Union paeific. wh afF price he had h hIInseIf paid for the same These questions hegde- sitned to ,aRswer, and in his refusal he
 This Comnaisslon in administering this power of investigation, which it has assumed to exercise in the past, has repeatedly held that the private dealinEs sot indiyiduals in private mat has. bowever, ruled that 1t might in quire< to- the kfnllest extent into the opefatioffs of Railroads and the officers Of reiiroads. The Union Pacific Rail- road ,is net 2 prtvete -enterprise-it is agent of the Government, public function. Its stocks are worthless ex- cept as they derive value from the charges which are imposed upon the public for the, rendering of this pub S ssssSs '9s M 01naa9 aaEfmsa Sf ts.s s. sufnee control of the Union Pacific Railroad he ceases to be a.private in- diyidnaI t6 thatS extent and can no longer claim protection, which. as a private pursuit. he might insist upon. It was our opinion that he might, prop erly be required to state whether as an 4ldtytavaI he had sold to the Union Paci fioasstlhieh' he controlled, ;. stocks hs should fStfirSr be required to state tate what .protit he had individually made out sOf 1thisf tFansa ction If this gene fleman is allowed to accumulate from