The herald-advance. (Milbank, S.D.) 1890-1922, 1910-01-14

alternating. and other practices Of in
t~erstate carriers established by the acts
Oh congress-, ano as recommended in this
aonan,uniSat'en, see no reason why
the act. specifying the classifcations Of
irelsht and the rates, fares and charges
tor transportation of passengers and
freight which they may agree to estab-
llsh. should not be permitted, provided,
copies OF such agreements be promptly
MED with the commission, but subject to
all the provisions of the Interstate COM
merce act, and subject to the right Of
any parties to such agreement to cancel
II as to all or any of the agreed rates,
fares, charges, OF Classifications by 80
days notice in writing to the other par
ties and to the commission
Other Amendments Urged.
In accord with other declarations Of the
Republican platform of 1908, the president
further recommends that the interstate
law be amended SO as to pro-
vide. that no railroad company subject
to the commerce. act shall, directly or in
directly, acquire any interests Of any
kind in capital stock, or purchase or
lease any railroad, or any other corpora
ton which completes with it respecting
merce act applies; that a law be enact
ed providing that no railroad corpora
ton subject to the interstate
act shall hereafter for any purpose con-
nected with or relating to any part Of its
business governed by said act. issue any
capital stock without previous or stimuli
tdIltohS pIy 1IleIlt 10 IL ol MOI less lHAH
the par value Of such stock, or any bonds
or other obligations Except notes matur-
ing not more than one year from the
date of their i~ssue), without the previ-
Gus or simultaneous payment to such cor
poration Of not less than the par value
Of such bonds, or other obligations. or,
then not without such payment Of the
reasonable market value of such bonds
or obligations as asCertained by the in
~terstate m commission; and that
no DT0DPrtV CaTVjrp or nthar thing than
money, shall be taken in payment to such
carrier corporation, of the par or other
er obligation, except the fair value Of
such property. services or other thing as
certalned by the commission
Would Prevent Wrong Practices.
The president continues:
Il believe these suggested notifications
In and amendments to the Interstate com
merce act would make it a complete and
effective measure for securing reasonable
ness of rates and fairness OF practices in
the operation of interstate railroad lines,
without undue preference TO any individu-
al or class over any others.
by my direction the attorney general
recommendations, which will be fur
nlSfed upon request to the appropriate
commlttee whenever it may be desired.
In addition to the foregoing amend
ments Of the interstate law,
the interstate commerce commission
should be given the power, after a hear
iHS, 10 determine upon the UNIFORM con-
struction of these appliances-such as sill
steps, ladders, roof hand holds, running
boards and hand brakes on freight cars
engaged in interstate commerce-used by
the trainmen in the operation of trains,
the defects and lack of uniformity in
which are apt to produce accidents and
injuries to railway trainmen. The won
derful reforms effected in the number Of
sWitchmen and trainmen injured by coup
ling accidents. due to the enforced in
PRODUCTION of safety couplers, is a demon
StT3tlDn OF what can he done If railroads
are compelled to adopt proper safety APP
planes.
The question has arisen in the opera
tons of the interstate employ
erS' liability act, as to whether suit can
be brought against the employer COM
pany in any place other than that of it's
under this act should be as easy Of en-
forcement as the right Of a private per-
son not in the company's employ to sue
on an ordinary claim, and process in each
suit should be sufficiently served If upon
the station agent of the company upon
whom service is authorized is made, to
bond the mpan in ordinary actions
arising under state laws. Bills for both
the foregoing purposes have been con-
sldsred by the house or representatives
and have been passed, and are now be-
fore tho interstate committee
Of the senate. l earnestly urge that they
be enacted into law"
Control Of the Trusts.
The second part of the message Is de-
SOttd W lHe tDillIOi Oh tluSlS. Alter d
lengthy discussion Of trusts, good and
bad. and the success of prosecutions I'M
der the Sherman antitrust act, Mr.. Taft
says:
1T is the duty and purpose of the exec
utive to direct an Investigation by the de-
partment of justice, through the grand
jury or otherwise, into the history, organ
~ization. and purposes of all the industrial
companies with respect to which there rs
any reasonable ground for suspicion that
they have been organized for a purpose,
and are conducting business on a plan
which is in violation of the antitrust
law. The work, is a heavy one, but 1t
ment of justice, if sufficient funds are
furnished. to carry on the Investigations
and to pay the counsel engaged in the
work. But such an investigation ana
possible prosecution of corporations whose
prosperity or destruction affects the COM
fort not only of stockholders but millions
of wage earnerS, employees, and associated
tradesmen must necessarily tend to dis
turb the confidence Of the business COM
munity. to dry up the now flowing sources
of capital from its places of boarding, and
produce a halt in our present prosperity
that will cause suffering and strained ctr
cumstances among the innocent many for
which wish In this message to bring
clearly to the consideration and decision
of the congress whether to avoid business
danger something cannot be done by
which these business combinations may
be offered a means, without great f1nan-
cial disturbance. of changing the char
aCter, OrPaTlZal10n ana extent Oh tllelT
business into one within the lines of the
law under federal control and supervision,
securing compliance with the antitrust
statutes.
For Government Control.
Generally, in the industrial combina-
tons called trusts the principal bust
ness is the sale of goods III many states
and in foreign markets.: in other words,
the interstate and foreign business far
exceeds the business done in any one
state. This fact will justify the fed
eral government in granting a federal
charter to such a combination to make
and sell in interstate and foreign COM
merce the products Of useful manufac-
ture under such limitations as will Sc
cure a compliance with the antitrust
law. 1t Is possible so to frame a statute
that Will 1t offers protection to a fed
eral company against harmful, vexatious
and unnecessary invasion by the states,
1t shal subject 1T to reasonable taxation
and control by the states, with respect to
it's purely local business.
MANY people conducting great bust
nesses have cherished a hope and a be-
lief that in some way or other a line
may be drawn between good trusts and
bad trusts and that it is possible by
amendment to the antitrust law to make