New-York tribune., 1910-06-05
From Tie Tribune Bureau
Tnrhar, c-fnr II

From Tie Trtbune Bureau
Washington, June {
RAILROAD PRosEcUTIoN.-The es-
senriel feature OF the prosecution OF the
Western Traffic Association. begun last
week. has been wholly lost sight % by
commentators on the action OF the govern
rient- The Attorney General cid not pray
an injunction against the ASSOCIATION be-
cause II proposed 20 increase rates He
PRAYED an injunction because OF the method
employed to effect the increase. The
method OF the association was, in the esti-
nation OF the Attorney General, fiagrant
! violation OF the Sherman antitrust law,
and accordingly he sought TO enjoin the
association from acting as "a combinatcn
in restraint OF trade" Railroads have
perfect right to increase their rates. Such
increases are of course, subject TO review
by the Interstate Commerce Commission
on complaint of q shipper, and may be oe-
clared unjust and unreasonable, and there
fore imperative: but while the decision OF
the commission that an increase Is unrea-
sonable nulifes such increase, II does not
render the railroad which made II haole 10
prosecution or punishment II is the con-
fusion which exists in the public mind re-
garding the reasons which actuated this
prosecution that leads TO dire predictions
that every proposed increase VIII be fol-
lowed by a federal suit, an application for
an Injunction, etc. II IS this confusion
which in large measure Is responsible for
the bsmnerirE of railroad securities in the
market and for the unWarranted insiStence
in some quarters that the administration is
actuated by political motives in Its suit
against the Western association OF course
from the popular point Of vicT. the dues-
tion at issue Is, Are these railroads var
ranted in the proposed increase: But tha'
i not the real issue with those whose DUTY
II is 70 enforce the Law. The question they
are bound to ask is. DID the Western lral-
f1c Association violate the sherman ID"
Ard having answered that question III the
affirma tive TO their own satisfaction theS
were bound to institute legal proceeoihss'
And while the question from the Fopuiai
,oin+ of view NAV relate 10 the reasonable
ress Of the proposed increase an Nno
would view intelIigently the action Of tse
administration must go back OF the 'h1uhc-
ZION suit itself and its possible effect ana
understand the motive which prompted IT.
xx-i,bnn+ such understanding IT IS obviously
4,,t;ro TO a+.er1pt TO reason from the peno-
;,r e,,i- - rroha bilities in apparently anal
. oe-o-,s circumstances. To put the case IN Il
sentence. the government has sought an
Injunction against the proposed increase u
rates l,v the Western Traffic ASSOCIATION
racauee in its Judgment the methoo en-
ploved 20 effect such increase constituted d
aacrant violation of the sherman anti
trust Law.
RFSr-IT TPOPULAR.-There is no deny
;nc the fact that the institution OF tlllo
railroad suit q ore Of the most poPu'dI
stems taken by this administration Nel'-
hers Of both houses Of Congress- esPeclail!
from the Middle West, arc belh5
NTH letters commenting IL. eNtraNaeah
,srr,s the course of the administration
indeed. 50 great is the enthusiasm tha'
.,,,e -i,rAv5 Judges of politics declare
= Ill, ,,ons,irute the turning point in
-oiitica1 sentiment in the West, and mat
t,,,-,,1i,,,, z,,ccess in the coming elections
: --es,,red by this one step. Under these
,;-c,,,,,e+a,,ces II IS easy 80 sec the smiles
-t-,,,o over the benign countenances OF tIie
.--,,-s -,l,er, it Is asserted that the propaple
,,,,;-4-,l effect 2Iayed 10 part in acluatihs
-, 5,,e-;+,--ior7 OF the suit. But q moment ,
reelection 7yiu convince those not naturaH'
cznirsi that this assertion is ehtHei' -eo
4 sonai,ie From March 1, 1879, no step
,st-ar h. the administration can De PolhI-
/ ed n as. having been actuateo ~ Pc
li-ical rpoti7es, IN the ordinary acceFla ''oH
/ n that tenn. 1t has been an aoTnlnlstr4
1 ION of law-too much laT, many people De-
1iave--and the single question asked by me
/ pr.s;5en+ and his advisers has been, hat
/ ! the law Without that positive KNOW
/ e5ee enioved By the fen Nho come iIato
,;oee touch with the President ana MS
| Cahfnet. II might Re difficult 10 oelieVe o.
the sverage administration that Il vas noI
! scruated. in large measure At least 'nJ 'ne
! l.nouledee that il could do nothing more
,on,lIar than TO pray the injunction grant
ed last Tuesday. But 2 retrospective g-e|ce
o,-er this administration must convince IA
reasonable people that the political eHect
, NJ any step. and especially one where the
rey,ised statutes are involved. is about the
last thing thought OF In most instances
those political consequences which are per
! 4.c-I,- obvious 70 the man in the street are
never even seen by the President 4nc ms
! sdxisArs. That being The case. u shou!o
ro- he difficult 10 accept the assertion that
,he suit against the Western Traftlc Asso-
cia-ion vas not brought with a view %
, incirins popular approval