davidaulloa/AmericanStories huggingface dataset:
Los Angeles herald., 1910-01-08
POWER TO ACT

The act should empower the chief
Justice, at any time when the business
of the court of commerce does not re-
ouire the services of all the Judges, to
reassign the judges designated to that
court to the circuits to which they re-
spectively belong; and it should also
provide for payment Of such judges in
such assignment, and for such addi-
tional amount as is necessary to bring
their annual compensation up to $4,000.
The regular sessions of such courts
should be held at the capital, but il
should be empowered to hold sessions
in different parts of the United States
if found desirable; and its orders and
judgments should be made final, sub
ject only to review by the supreme
court of the United States, with the pro-
vision that the operation of the decree
appealed from shall not be stayed un-
less the supreme court shall so order
The commerce court should be EN-
powered in it's discretion to restrain or
suspend the operation of an order Of
the interstate commerce commission,
Los Angeles herald., 1910-01-08
ARBITRARY CHARGES

Under the existing law the commits
sion may not investigate an increase
in rates until after it shall have become
effective, and although one or more
carriers may file with the commission
a proposed increase in rates or change
in classifications, or other alterations of
the existing rates or classifications,
to become effective at the expiration of
thirty days from such filing, no pro
ceeding can be taken to investigate the
of such proposed
change until after it becomes opera
tive. On the other hand, if the COM
mission shall make an order finding
that an existing rate is excessive and
directing it to be reduced, the carrier
affected may by proceedings in the
court, stay the operation of such order
of reduction for months and even years.
1t has, therefore, been suggested that
the commission be empowered, when
ever a proposed increase in rates is
filed, at once to enter upon an investi-
cation of the reasonableness of the
increase and to make an order post
poninS the effective date of such in
crease until after such investigation
shall be completed.
To this much objection has been
Los Angeles herald., 1910-01-08
AMENDMENTS

The necessity, therefore, for an
amendment of the statute. so as to
exclude these incidental and beneficial
covenants in rest. aint of trade, held IN
common law to be reasonable, does not
exist.
In some opinions of the federal
Judges, there have been intimations
having the effect, if sound, to weaken
the force of the statute by including
within it absurdly unimportant COM
binations and arrangements, and sug-
oestine therefor the wisdom of chang
ing its language by limiting its ap-
nlications to serious combinations Wlth
intent to restrain competition OF con-
troll prices.
A reading of the opinions of the su-
nreme court, however, makes the
change unnecessary, for they EXCLUDE
from the operation of the act con-
tracts affecting interstate trade IN put
a small and incidental way, ana Apply
fine statute only to the real eVil alnleo
at by congress. - 4o+,,+a
The statute has been on the statute
boots now for two decades, and the
sunrene court in more than a dozen
oninions has construed it in application
to various phases of business complla-
tions and in reference to various sup-
ject matter. ..so. an,
control of two competing lnterstate
railroads, to joint traffic ARRANGEMENTS
between several interstate railroads 10
private manufacturers engaged IN
piain attempt to control prices and sup
press competition in part OF the
country, including dozen states' anu
to many other combinations affecting
interstate trade.
The value of a statute which is rem
dered more and more certain III It's
meaning by a series of decisions of the
supreme court furnishes a strong rea-
son for leaving the act as it is, to ac-
complish its useful purpose, even
though it were being newly enacted,
CONTINUED on Page Thirteenl
Los Angeles herald., 1910-01-08

made on the part of the carriers. They
contend this would be, in effect, to
take from owners of the railroads the
management of their properties and
to clothe the interstate commerce
commission with the original rate
making power-a policy which was
much discussed at the time of the pas
sage of the Hepburn act in 19O5-1906
which was then, and has been dis
tinctly rejected and in reply to the
suggestion that they are able, by re-
sorting to the courts. to stay the TAX
ing effect of the order of the commits
sion until its reasonableness shall have
been investigated by the courts, where
as the people are deprived of any such
remedy with respect to action by the
carriers, they point to the provision of
the interstate commerce act providing
for restitution to the shippers by car
riers of excessive rates charged in
cases where the order of the commits
sion reducing such rates is affirmed.
Los Angeles herald., 1910-01-08
PLATFORM PLAN

The Republican platform of 1908 eX-
pressed the belief that the interstate
commerce law should be further
amended so as to give the railroads
the rights to make and publish traffic
agreements subject to the approval of
the commission. but maintaining al
ways the principle of competition be
tween naturally competing lines and
averting the common control of such
lines by any means whatsoever.
In view of complete control over
rate making and other practices of
interstate carriers established by the
acts of congress and as recommended
in this communication, I see no reason
why agreements between carriers. sub
ject to the act, specifying the classifi-
cations of freight and the rates, fares
and charges for transportation of pas
sengers and freight which they may
agree to establish, should not be per-
mitted, provided copies of such agree
ments be promptly filed with the COM
mission, but SUBJECT to all the provi-
sions of the interstate commerce act,
and subject to the right of any par
ties to such agreement to cancel it
all as to all or any of the rates, fare,
charges or classifcations by thirty
days notice in writing to the railroad
parties and to the commission.
Complaint is made by shippers over
the state of the law under which they
are held bound to know the legal rate
applicable to any proposed shipment.
without, as a matter of fact, having
any certain means of actually ascer-
tanning such rates.
1t has been suggested that, to meet
this grievance, carriers should be re-
quired. upon application by a shipper,
to quote the legal rate in writing, and
that the shipper should be protected
in acting upon the rate thus quoted;
but the objection to this suggestion is
that it would afford a much too easy
method of giving to favored shippers
unreasonable preference and rebates,
Los Angeles herald., 1910-01-08
COMMERCE COURT

For this purpose I recommend the es-
tablishment of a court of the United
States composed of five judges desig-
mated for such purpose from among
the circuit court judges of the United
States, to be known as the United
States court of commerce, which court
shall be clothed with exclusive original
Jurisdiction over the following classes
of cases:
First-All cases for the enforcement,
otherwise than by adjudication and col
lection of a forfeiture or penalty or by
inhiction of criminal punishment, of
an order of the interstate commerce
commission other than for the payment
of money.
Second-All cases brought to enjoin,
set aside, annul or suspend any order
or requirement of the interstate COM
merce commission.
Third-All such cases as, under sec
ton 8 of the act of February 19, 1908,
known as the Elllins act, are author
lied to be maintained in a circuit court
of the United States.
Fourth-An such mandamus proceed
ings as, under the provisions of sec
ton 20 or section % of the interstate
commerce law, are authorized to be
maintained in a circuit court of the
United States.
Reasons specially analogous 10 Iloso
which induced the congress to create
the court of customs appeals by the
provisions in the tariff act of August
5. 1909, may be urged in support of the
creation of the commerce court.
In order to provide a sufficient num-
her of Judges to enable this court TO
be constituted, it will be necessary TO
authorize the appointment of five ad-
ditional circuit judges who for the
purpose of appointment, might be dis
tributed to those circuits where there
is at the present time the largest vol
ume of business. such as the second
third, fourth, seventh and eighth cir
clitS.
Los Angeles herald., 1910-01-08
LIABILITY ACT

The wonderful reform effected in the
number of switchmen and trainmen
injured by coupling accidents, due to
the enforced introduction of sefety
couplers, is a demonstration of what
can be done if railroads are compelled
to adopt proper rafety appliances.
The question has arisen in the OPP
Grafton of the interstate commerce en-
poyers liability act, as to whether
suit can be brought against the en-
ployer in any place other than that of
its home office.
The right to bring the suit under
this act should be as easy of enforce
ment as the right of a private person
not in the company's employ to sue
on an ordinary claim, and process in
such suits should be sufficiently
served if upon the station agent of the
company, upon whom service is au-
thorized to be made. to bind the COM
pany in ordinary actions arising under
the state laws.
Bills for both the foregoing purposes
have been considered by the house of
representatives, and have been passed
and are now before the interstate com-
merce committee of the senate.
1 earnestly urge that they be enacted
into laws.
Los Angeles herald., 1910-01-08
SHIPPERS CLAIMS

The claim is earnestly advanced by
some large associations of shippers that
shippers of freight should be EN-
poWered to direct the route over winch
their shipments should pass TO destl-
nation. and in this connection IL mas
been urged that the provisions OIL sec
tion Is of the interstate commerce act
which now empowers the COMMISSION
after hearing on complaint, to estap-
lish through routes and maximum
ioint rates to be charged, etc, when
no reasonable or satisfactory through
rate shall have been established, be
amended so as to empower the com
mission to take such action, even when
one existing reasonable and satlsfac-
torv route already exists, if 1t be pos
sibie to establish additions! routes.
This seems to me to be reasonable
nrovision. know of no reason why
a, shipper should not have the rlght
to elect between two or more estao-
lished through routes to which the
initial carriers may be a party ana 10
require his shipment to be transport
ed to destination over such route or
routes as he may designate Tor that
purpose
However. in the exercise of this right
the shipper would be subject to such
rea sonable regulations as the commits
sion may require.
The Republican platform of 1908 de-
clared in favor of amending the inter
state commerce law, but so as always
to maintain the principle of competi-
tion between naturally competing lines
and avoiding the common control of
such lines by any means whatsoever
One of the most potent means of ex-
ercising such control has been through
the holding of stock of one railroad
company by another company owning
competing line. This condition has
grown up under express legislative
power conferred by the laws of many
states, and to attempt now suddenly to
reverse that policy so far as 1t aftects
Los Angeles herald., 1910-01-08
TAFT'S MESSAGE

TO the Senate and House Of Repre-
sentatives:
l withheld from my annual message a
discussion of needed legislation under
the authority which congress has to
regulate commerce between the states
and with foreign countries, and said
that 1 would bring this subject to your
attention late in the session.
Accordingly I beg to submit to you
certain recommendations as to the
amendments to the interstate COM
merce law and certain considerations
arising out of the operations of the
antitrust law, suggesting the wisdom
of federal Incorporation of industrial
companies.
In the annual report Of the interstate
commerce commission of the year 1908
attention is called to the fact that be-
tween July 1, 1905 and the close of that
year sixteen suits have been begun
(besides one commenced before that
date) to set aside orders OF the COM
mission. and that few orders of much
consequence had been permitted to go
without protest; that the questions
presented by these various suits were
fundamental. as the constitutionality
Los Angeles herald., 1910-01-08
TRADE RESTRAINT

A mere incidental restraint of trade
and competition is not within the in
hibition of this act, but it is where the
combination or conspiracy or contract
is inevitable and directly a substantial
restraint of competition, and so re-
straint OF trade, that the statute is
violated.
The second section of the act is a
supplement of the first. A direct re-
straint of trade, such as is condemned
in the first section, if successful and
used to suppress competition, is one
of the commonest methods of securing
a trade monopoly, condemned in the
second section.
1t is possible for the owners of a busi-
ness manufacturing and selling useful
articles of merchandise so to conduct
their business as not to violate the in
hibitions of the antitrust law and yet
to secure themselves the benefits of
the economies of management and of
production due to the concentration
under one control of large capital and
many plants. If they use no other in
ducement than the constant low price
of their product and its good quality to
attract custom, and their business is
profitable one. they violate no law.
If their actual competitors are SMALL
in comparison with the total capital
invested, the prospect of investments
of capital by others in such profitable
business is sufficiently near and poten-
tial to restrain them in the prices at
which they sell their product.
But if they attempt by a use of their
preponderating capital and by sale
of their goods temporarily at unduly
low prices to drive out of business
their competitors, or if they attempt by
exclusive contracts with their patrons
and threats of non-dealing except upon
such contracts, or by other methods of
a similar character, to use the large
ness of their resources and the extent
of their output, compared with the
total output, as a means of compelling
custom and frightening off competition,
then they disclose purpose to restrain
trade and go establish a monopoly and
violate the act.
Los Angeles herald., 1910-01-08

under review, pending the final hear
ing, unless in cases where irreparable
damage would otherwise ensue to the
petitioner.
a judge of that court might be en-
powered to allow a stay of the COM
missions order for a period of not
more than sixty days. but pending ap-
plcation to the court for its order or
injunction, then only where his order
shall contain a specific finding based
upon evidence, submitted to the judge
making the order and identified by
reference thereto that such irreparable
damage would result to the petitioner
specifying the nature of the damage.
Los Angeles herald., 1910-01-08
TAFTS MESSAGE DISAPPO!NTS
ALL But PARTY "REGULARS'
Republicans Who Are Not Allied with Can
non and Aldrich Displeased by Presidents
Mild Attitude Toward National Evils

of the act itself was at issue, and the
right of congress to delegate to any
tribunal authority to establish an in
terstate rate was denied; but that,
perhaps the most serious practical
question raised concerned the extent of
the right of the courts to review the
orders of the commission, and it was
pointed out that if the contention of
the carriers in this latter respect alone
was sustained, but little progress had
been made in the Hepburn act toward
the effective regulation of interstate
transportation charges.
Los Angeles herald., 1910-01-08
OBJECT OF LAW

The object of the antitrust law was
to suppress the abuses of business of
the kind described.
1t was not to interfere with great
volume of capital which, concentrated
under one organization, reduced the
cost of production and made it's profits
thereby, and took no advantage of its
size by methods akin to duress to
stife competition with it.
L wish to make this distinction as
Los Angeles herald., 1910-01-08

the ownership of stocks heretofore so
acquired would be to intiict grieVous
injury, not only upon the corporations
affected, but upon a large body OF the
investment holding public.
Los Angeles herald., 1910-01-08

to produce accidents and injuries t
every trainman.
Los Angeles herald., 1910-01-08

NXT ASHINGTON, Jan. 7.-President
w Taft's much-anticipated special
The St. Mary banner. (Franklin, Parish of St. Mary, La.) 1889-1931, 1910-05-28

A recent dispatch from St.
Louis says: Zone seven.year
old boy was received on a
bill Of lading at the Union
Station here to-day over the
Iron Mountain Railroad from
Monroe, La. He was con-
signed to a local bank as col
lateral to a board bill to be
remitted to the Bank Of Mon.
roe.
MRS. J. J. Koontz, acting
as agent for f. j. Koontz,
father and owner of the boy,
whose name is Arthur, called
at the Union Station for the
consignment, but the rail.
road officials refused to de.
liver the youngster because
she was not the consignee
name in the bill of lading.
The boy still tagged, was
taken to the bank in a tax
icab.
"a disputed board bill,
said to have been incurred by
the boy being in Monroe
seven months, caused the bill
Of lading to be issued. When
the lad reached the bank the
amount due was paid and he
was turned over to his par
ents.''
The St. Mary banner. (Franklin, Parish of St. Mary, La.) 1889-1931, 1910-05-28
KEEP THE KIDNEYS WELL.
Health is Worth Saving, and
Some Franklin People
Know How to Save It,

Many Franklin people take their
lives in their hands by neglecting the
kidneys when they know these organs
need help. Sick kidneys are respon-
sible for vast amount of suffering
and i'll health, but there is no need to
suffer nor to remain in danger when
all diseases and aches and pains due
to weak kidneys can be quickly and
permanently cured by the use of
Doan's Kidney Pills. The following
statement leaves no ground for doubt:
B. Voivedich, Morgan City, La,
says: 81 had severe pains in the
small of my back and between my
shoulders and was unable to get re-
lief. On the advice of a person who
had used Doan's Kidney Pills for a
similar trouble, l procured a box.
took the remedy according to di-
rections aud received the best results.
l think highly of Doan's Kidney
Pills.
For sale by all dealers. Price 80
cents. Foster-Milburn Co., Buffalo,
New York, sole agents for the United
States.
Remember the name-Doan's-an
take no other.
The St. Mary banner. (Franklin, Parish of St. Mary, La.) 1889-1931, 1910-05-28
TO THE TRADE

l make my own Ice Cream, and
it is pure and fresh. 1t is made
every day with one-half pure
cream and one-half pure milk,
and is the best ice cream on the
market. will guarantee it aud
also will say that all freezers and
ice cream cans are in perfect sani-
tary condition. We invite all to
call and inspect the condition of
our ice cream plant. When you
make your ice cream at home to
save money it is like stopping a
clock to save time. This is your
chance to save money, and now is
your time to do so. Do it now.
Your will get the best of service,
delivered at your door, packed in
a freezer and ready to use. My
prices are low: one-half gallon,
packed. IS cents, one gallon,
1925; five gallons and up, S1.O0
gallon. To take home in boxes,
from five cents up.
SAM SERIo,
Franklin, La.
The St. Mary banner. (Franklin, Parish of St. Mary, La.) 1889-1931, 1910-05-28

reasonable that the prom
inence given to the unrivaled
advantages offered by the
South, which will result from
the Panama Exposition, ought
to locate at least a million
farmers in these States. Of
these, Louisiana by reason of
her superior inducements,
would get the lions share.
Such an influx of homemade
ers would add many millions
|Of dollars to the taxable
wealth of the State, and pro-
blems like those of good
roads, good schools, better
social conditions, rural tele-
phones, interurban trolley
cars, development of shallow
water transportation, and
similar matters would be
speedily solved.
The small tax, amounting
to less than forty cents to
the thousand dollars of as.
sessment for ten years, which
will be necessary to open up
this opportunity to the peo.
pie of the South, is but a
trifle by comparison.
The St. Mary banner. (Franklin, Parish of St. Mary, La.) 1889-1931, 1910-05-28

Never hesitate about giving Cham
berlain's Cough Remedy to children.
1t contains no opium or other narcot-
les and can be given with implicit
confidence. AS a quick cure tor
coughs and colds to which children
are susceptible, it is unsurpassed.
Sold by all dealers.
The St. Mary banner. (Franklin, Parish of St. Mary, La.) 1889-1931, 1910-05-28
Will Boom The South.

AOANihS SlCOI AAROoA1ANAA
in New Orleans, the "As-
sumption Pioneer points
out the good such an Exposi-
ton would accomplish in the
way Of booming the South.
The Pioneer calls atten-
ton to the fact that Canada
has spent Two Million Dol
lars in a campaign to secure
Immigrants, the result being
shown in nearly four hun
dred thousand farmers, prin-
cipaHy from the Northern
section of the United States,
who made their homes there.
Just now the class of pop
ulation which the South, and
especially Louisiana, needs
most is the farmer. With
the havoc the lumber mills
are making with our forests
we need the enterprising,
home.loving farmers to cul-
tivate these lands lest they
lie fallow and non-productive.
The work of reclaiming the
low lying marsh and swamp
land is making room also for
many thousands of families
upon land, in equal of which
in point Of fertility and de-
sirability, is scarcely to be
found on this continent.
Thus in every portion of
Louisiana lands are being
prepared, as it were, for the
husbandmen and it becomes
necessary for us to do some
thing that will strikingly
attract them here.
The South is not situated
along the established high
ways, over which the great
tides of human travel flow,
hence it becomes necessary
to esta blish some powerful
attraction if we wish to
change these tides, and bring
the multitudes in touch with
this section. If an expen-
diture of Two Million Dol
lars carried four hundred
thousand American farmers
into Canada and caused them
to settle upon her inhospit-
able prairies, what might we,
with our fertile and genial
climate, accomplish with an
Investment of Five Millions,
on the part of the State and
City, and that investment
backed up by the most inter-
esting Exposition and cele-
bration ever planned in the
world?
One American immigrant
secured for every Five Dollars
spent in advertisement, was
about the way it was in Can
ada: but with more money,
the prestige and attraction
of the Panama Canal and the
fact that the Western farm
ers do not have to change
their citizenship to come here,
we ought to get several farm
ers for what it cost Canada to
get one. And these farmers
who went to Canada were not
Migrants. On the contrary,
they carried with them valu'
fable work stock, money and
equipments, and we're ready
the day after they got there
| to set to work building homes
for their families and prepar'
ing their lands for cultiva
| ton.
The St. Mary banner. (Franklin, Parish of St. Mary, La.) 1889-1931, 1910-05-28

T 0ST Gold cuff button
AOoA /. between Glencoe
and Franklin with the initials E.
j. H. Finder will be literally re-
warded by returning same to
EARL HEBERT,
Glencoe, La.
The St. Mary banner. (Franklin, Parish of St. Mary, La.) 1889-1931, 1910-05-28
For Sale.

Strictly split ash stove
wood for the cook. Cracked
corn for the chickens. Can
be got at the Milholland
Brick and Shingle Yard.
GEO. MILHoLLAND, Prop.
The St. Mary banner. (Franklin, Parish of St. Mary, La.) 1889-1931, 1910-05-28

TnST One gold link
100A. cuff button set
with one small diamond on each
side, between my residence and
store. Reasonable reward of.
fered to finder.
I. POPKIN,