Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-01-08

t1on, pursuant to judicial sale or other le-
gal proceedings. in order to prevent the
issue Of stock and bonds to an amount in
excess of the fair value of the property
which is the subject of such re-organiza-
ton.
l believe these suggested modifica-
tons in and amendments to the inter-
state commerce act would make it
complete and effective measure for Sc
curing reasonableness of rates and
fairness of practices in the operation
of Interstate railroad lines, without
undue preference to any individual or
class over any others; and would pre-
vent the recurrence of many of the
practices which have given rise in the
past TO so much public inconvenience
and loss.
BY my direction the attorney-gen-
eral has drafted d bill to carry out
these recommendations which will be
furnished upon request to the appro-
PIRATE committee whenever it may be
desired
In addition to the foregoing amend
mentS OF the Interstate commerce law
the Interstate commerce commission
should be given the power. after
hearing. to determine upon the uniform
construction of these appliances-such
as still steps, ladders, roof hand holds,
running boards, and hand brakes on
freight cars engaged in Interstate
cnmmerce-used by the trainmen in the
operation Of trains, the defects and
lack OF uniformity in which are apt
t" produce accidents and injuries to
railway tranmen. The wonderful re-
forms affected in the number of switch
men and trainmen injured by coup
ling accidents, due to the enforced in
PRODUCTION OF safety couDlers, is
demonstration Of what can be done if
railroads are compelled to adopt prop
er safety appliances.
The question has arisen in the opera
ton Of the inter state commerce EN-
ployers liability act as to whether suit
can he brought against the employer
company in any place other than that
OF it's home office. The right to bring
the suit under this act should be as
easy Of enforcement az the right of
private person not in the conlpanys
employ to sue on an ordinary claim,
and process in such suit should be
sufficiently served if upon the station
agent of the company upon whom SER
vice is authorized to be made to bind
the company in ordinary actions aris-
ing under state laws. Bills for both
the foregoing purposes have been con-
sidered by the house of Representa-
tives, and have been passed and are
now before the inter state commerce
committee of the senate. | earnestly
urge that they be enacted into law.
There has been a marked tendency
in business in this country for forty
year" last past toward combination Of
capital and plant in manufacture. sale,
and transportation. The moving
causes have been several: First. it has
rendered possible great economy: Sec
ond. by n union of former competitors
it has reduced the probability OF cX-
cessive competitions: and. third, if the
combination has been extensive
enough. and certain methods in the
treatment of competitors and custom
crs have been adopted the combiners
have secured a monopoly and complete
control OF prices or rates.
A combination successful in achicv-
ing complete control over a particular
line of manufacture has frequently
been called Il trust" I presume that
the derivation of the word is to be rX
planned by the fact that a usual meth
cd of carrying out the plan of the
combination has been to put the cap
ital and plants of various individuals,
firms. or corporations engaged in til
same business under the control of
trustees.
The increase in the cantal of u
,t y..lil rtf NJ
the cost of production and effecting
economy in the management has be-
come as essential in modern progress
as the change from the hand tool to
the machine When. therefore we come
to construc the object of congress in
adopting the so-called SHERMAN anti
trust act" in 1890 whereby in the first
section every contract. combination in
the form of n trust or otherwise, or
conspiracy in restraint of Interstate
or foreign trade or commerce, is con-
denined rs unlawful and made subject
To indictment and restraint by in
junction: and whereby in the Sec
ond section every monopoly or attempt
to monopolize, and every combination
or conspiracy with other persons to
monopoIize and part of Interstate
trade or commerce. is denounced as il
legal. and made subject to similar
punishment or restraint. We must in
fer that the evil aimed at was not the
mere bigness of the enterprise. but it
was the aggregation of capital and
plants with the express or implied in
tent to restrain Interstate or foreign
commerce. or to monopoiZe it in
whole or in part.
Monopoly destroys competition ut
terly. and the restraint of the full and
free operation of competition has a
tendency to restrain commerce and
trade. a combination of persons. for
merry engaged in Grade as partner
ships or corporations or otherwise of
course eliminates the competition that
existed between them; but the inciden-
tai ending Of that competition is not to
be regarded as necessarily Il direct re-
straint OF trade. unless of such an all
embracing character that the intention
and effect to restrain trade are appar-
ent from the circumstances. or are eX-
pressly declared to be the object or