Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-03-07
MAJORITY ARGUES
FOR COURT FEATURE
ALDRIcH, ELklNs EFT AL, PRES
ENT REPORT ON RAILROAD
MEASURE.
DECLARE ADMINISTRATION
BILL MEETS PARTY PLEDGE
AIIese That It Answers Demands Of
Republican Platform - Commerce
Court, Competitive Lines and Mers-
ers and Other Features Covered in
the Arguments Advanced.

Washington, March 7.-"Carefully
enunciated in the republican platform
Of 190S." is the way the majority of
the senate committee on interstate
commerce, which made it's report today
on the administration railroad bill, in
terprets the provision to permit COM
mon carriers to enter into traffic agree
ments.
The report is signed by Senators
Elkins, Cullom, Aldrich, Kean, Crane
and Nixon, and will be printed with
the minority report submitted a few
days ago by Senators Clapp and Cum
minis, and the individual report Of SEN
ator Newlands.
Approval of the court of commerce
feature is given prominence, altho
comment upon other provisions is far
more interesting. For instance, the re-
port says that the effect Of the traffic
agreement provision Is to relieve car
riers from the prohibition of the anti
trust act, while preserving unimpaired
the control Of the interstate commerce
commission over all such agreements
1t is declared that the provision is in
exact compliance with the declara-
tion in the republican platform.
Tho Bill and the Platform.
After quoting the clause of the plat
form concerning such agreements the
report says: "The contention that this
declaration can only be complied with
by requiring the approval of such
agreements by the interstate commerce
commission before they become opera
tive is in the opinion of the commit
tee, destitute of the slightest founda-
tion.
"The section in question carefully
preserves the principles clearly enun-
ciated In the platform, and only by a
wilful distortion Of language could It
be contended that this carefully guard
ed provision involved any abandonment
Of the principle OF competition between
naturally competing lines"
For Commerce Court.
Endorsing the proposed court of
commerce the report says that the
principal argument in favor of it's
creation is that it will prevent delay
and confusion in the enforcement Of
the INV ny CIedIluS OIe SpC.
cially versed in the complicated and
often technical questions arising out of
the application of the interstate COM
merce law to railroads and other car
riers subject to the act.
Supreme court rulings are cited in
support Of the contention that the
scope Of review of the commissions or
ders in the court will not be wider than
"a ;c in ho cir0rif pO11rtS IT iS
contended that courts ought not to be
endowed with merely administrative
powers such as are involved in the ex-
ercise of the commissions discretion.
The claim that there will not be enough
business to keep the tribunal occu-
pied is not seriously considered by the
commission.
Attorney General in Control.
The administration bill gives the at
torney general entire charge and con-
troll of the interests Of the government
in all cases and proceedings In the
court on appealed cases. This is a
change from the existing law. The COM
mittee says that the present system
combines in the members of the inter-
state commerce commission the func-
tions of investigator. judge, and prose-
cutor, which is declared to be contrary
to the correct theory of law or pro-
cedure.
Commenting upon the, provision for
investigation by the commission of
proposed increases in rates, the report
says that majority of the committee
is of opinion that the commission
should be authorized to commence the
Investigation of proposed increase
in rate, or change in classification as
soon as it is filed. The majority sup
ports also the proposition that at any
time before the rate or classification
will become effective the commission
should be empowered to postpone the
effective date for a reasonable period
to enable it to investigate the proposed
action.
The bill fixes this reasonable period
at sixty days and altho the commis-
sion recommended that this time be
extended to 120 days the committee
says it believes that with due diligence
the commission can determine within
the time allotted whether the increase
should be approved.
As to Competing Lines.
Concerning the important, sections
relating to the purchase of competing
lines, the report says:
Some criticism of this section has
been made upon the ground that it did
not prohibit the acquisition by means of
holding corporation Of stocks Of
competing lines Of railway. The pro-
visions of the Sherman antitrust law,
so completely cover that ground that
the committee deemed 1t unnecessary
to attempt a repetition of those pro-
hibitions in this act. For the same rea-
SON 1t was not deemed expedient to at.
tempt to deal with the question OF
combinations Of express companies or
telegraph ana telephone companies,
because, where such combinations con-
stitute a restraint OF trade, the Sher-
man act affords ample authority to
reach and prevent them"
Attention 10 called to the fact that