The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-05-10
TAFT EVIDENTLY
MUCH WORRIED
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vate settlers. to retain such control over
the water power sites that 1t may every
| ten years adjust the rates at which power
Is to be furnished 10 the public by the
grantee OF the water power site: and the
second condition is that the water power
site shall not be disposed OF by the state
to any person having a monopoly OF the
water power in the neighborhood.
The bill proposes upon the failure OF
the state 10 enforce the conditions Inn
posed against private owners, the
United States may enforce the conditions
against the state and forfeit all the rights
OF the private owners and of the state
and restore the land 10 the United States
There ought to be a specific provision
providing that the United States may sue
the state for forfeiture. and also that
the executive shall have the right to de-
clare a forfeiture.
For Government Control
1T seems to me in this wise the United
States may retain eIfcctiv control ovr
the disposition OF the land and at the
same time may enable the legislature or
the executive of the state presumably
more familiar with local conditions. to
fix the details on the ground In accord
ance with the local necessity 1t is quite
possible, however. these other conserva-
ton bills will go over to the next ses
sion. but the ore ratlfying the existing
Withdrawals and granting power 10 with
draw In future should certainly pass.
There Is also pending a bill authoriz-
ing the issue of 5000 600 of bonds with
which TO continue the construction OF
irrigation plants already begun by the
reclamation service-the bonds 10 be re-
deemed out of the proceeds of the sale of
public lands and the water rent collected
from those who enjoy the benefit OF the
irrigation. This certainly ought 60 pass
at this session because the number OF
people depending on the completion OF the
reclamation projects Is sufficiently large
to call for special action in their behalf.
Another act is the so-called inJunc-
ton act There are three bills pending
TO carry out the platform. In different
forms they all provide that an Injunction
issued without notice shall not be OF ef-
feet for more than seven DAYS, unless
within that time actual notice Is given
and a hearing had, where, of course, the
court will make such order as IL may be
advised
1T further provides no restraining or-
der or preliminary injunction shall issue
without notice unless the court upon evil
dence shall make a finding either on the
minutes OF the court or upon the back OF
the Injunction order defining what the ir-
reparable injury is, which is to be en-
joined. and stating why there was not
time TO issue notice for hearing Tor the
parties present
Need for Caution.
"'It is very clear that by these two pro
visions the attention OF the court VIII be
called to the necessity FOR great care IN
the exercise OF this very exceptional
power to affect parties TO lawsuit Win
out giving them notice and that the u
advised issuing OF lnjunctions OF thls
character will cease.
The Manufacturers association is op-
posed to the bill on the alleged ground
that II weakens the power OF the court,
while the Federation OF LABOR Is opposed
10 IL on the ground that It does not so
far enough. With this state OF the case
am reasonably certain the bill is just
one and ought TO be put through. l am
hopeful some way will be found 10 vote
through lust the bill promised by the
platform-nothing more and nothing less.
1.-THE postal savings bank bill Is pend
ing In the house IL having passed the
senate.
81 am hopeful, because the Republican
party is firmly committed 20 the introduce
tion of postal savings repositories. that
we shall secure at this session OF con-
gress a safe and sane law which Will Of
fer small depositors absolute security and
convenience and at the same time i'm
prove and not impair the credit OF the
government and the integrity OF our fiscal
system.
THE publicity Of expenditure bill was
not recommended In the Republican plat
OF acce eptance, that | should recommend
the passage OF such bill with the full
confidence II would meet the approval OF
congress. ] am glad TO say the bill has
passed the house.
Now the Railroad Bill.
Elnaly. we come 10 the OIL Amending
the interstate commerce law. The bill
is pending In both houses. II has been
amended I'm the house and also In the
senate, and that freedom of touch Tor
which headlners and correspondents are
SO noted we have been told with much
emphasis that the administration bill has
been emasculated in both houses. | am
not as familiar with Its condition In the
house as I am In the senate. but | think
possibly the state OF the bill In the SEN
ate will show what is the fact, that the
bill has not been emasculated in either
house and that IL contains almost all OF
the remedial features OF the original a1-
ministration bill and that those things
omitted are neither substantial nor vital.
''In the first place, the bill contains
series OF sections creating a commerce
court which Is to absorb all the jurs-
diction now had by the circuit and dis
trict courts on review by injunction suit
OF otherwise OF the proceedings OF the in
terstate commerce commission.
1.-The advantage OF the court is that we
shall have a court Of experts at WASH
ington very familiar with the whole bust
ness of interstate commerce, and the qe-
cisions affecting 1t and which will be able
TO dispose of the business before II
promptly and give efficacy TO the orders
OF the Interstate commerce commission
that are legal. The whole object OF the
court Is expedition and the whole defect
of the interstate commerce procedure
heretofore has been delay. | regard the
commerce court as practically the most
important IedtuIt III lut UNI
Further Analysis.
Thus far II has remained in the house.
although by close vote. and II has not
been stricken out in the senate.
Another feature Of tho bill Is to give
the attorney GENERAL complete control
over the litigation after II has left the
interstate commerce commission and gets
into court. Heretofore the Interstate
commerce commission Itself has controlled
the litigation In the courts. and 1t pre-
sented the anomaly of a quasi judicial
tribunal suing In its own behalf to con-
firm It's own Judgments. 1t was thought
wiser to give this to the department OF
justice, but amendments have been intro
duced by which shippers who have an
interest may be heard by special counsel
IL they desire. under regulations OF the
court
Another section requires companies. by
their agents. TO furnish a statement in
writing of the rate or charge applicable
TO described shipment between stated
places under schedules or tariffs to which
such company is a party. or a penalty
for failure.
"The other provisions authorize the
commission not only to review rates. but
the classifcations OF freight and enable
the commission OF It's own motion to in
vestigate the question whether any rate Ia