The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-02-24
INTERSTATE COMMERCE CHANGE

The report given by Attorney Gen
crai Wickcrsham TO the administration
bill for Federal Incorporation, cspe
cially as il is given since ex-senator
John G. Spooucr' s adverse speech, must
count for considerable in oi1scttug tho
effect of Mr., Spooncr s uttorancc. Botl
arc lawyers of the first class. and both
have made diligcnt study Of tho ease
and of the law They arrive at differ
cnt conclusions with respect TO tho va
lidity of the proposed bill: but that is
nothing uncommon in the legal profcs-
sion. 1t often occurs among lawyers
not in official position, and the frc-
qucncy of such diversity of opinion is
we'll known on the bench. One eminent
Judge will hold that a law is constitu-
tional and enforceable, and another,
maybe higher up, will reverse it, Ono
eminent and clean. minded Judge will
hold that the Standard on Company
ought to pay $29,0OO,00O inc; another
Judge of greater emincncc, and doubt
less Of rs much ability. VIII bold that
such construction of law based upon
the facts involved is absurd. And so it
goes. No one knows what the legal
conclusion. with respect to any propo-
siton. from any lawyers opinion, will
be until he has heard the other law
yer eXpound different view.
1t is announced from Washington that
there threatens TO be minority dis
sentiug report from The conclusions ar
rived at by the majority of the senate
committee on the amended Interstate
commerce bill. And it is especially on
the railroad rate phase of this bill that
is TO be reported. amendatory Of the
present interstate commerce law, that
tho minority Will dissent. In this
amended bill. the way for thc national
announced that the rights Of the States
viii also he preserved. and that so far
as Federal corporation is concerned, the
States can admit such corporations or.
moi, and the corporations themselves
can incorporate under the Federal law
or not, as they please. This fixing of
it as u voluntary affair is expected TO
help in the legal contest that VIII fol,
low the enactment, and also in the
smoothing of the way 10 Federal incor
poration. Making this compulsory
would cause friction at once, but where
Federal incorporation is entered into
voluntarily. there is not likely to be
the litigation that would otherwise en-
sue. The measure forbids holding com"
panies, and preserves the rights of the
States TO tax, and in a degree TO regu-
late. The voluntary feature is relied
upon TO great extent in both direc.
tions
This immediate bill, while not the
Federal Incorporation measure, will
have a strong leaning thereto 1t will
strengthen the hands of the Interstate
Commerce Commission. and it will pave !
the way for a more perfect control of
interstate commerce by the National
ard inasmuch as the Fed |
eral Constitution puts no restriction
upon the complete control of such com.
nercc by Congress, il viii be impossible |
20 fight the general proposition in the
'ourts. The only thing that Inc opr
3 to fight the details of the measure as
,assed, And as it, is to be framed in
he light of the highest legal knowl-
,dge attainablc, it is fair TO presume
hat w!.r passed it VIII be unassaiiaJle
~ those dIscuuseEtcl VIII 1t.