Fair play., 1910-01-15

the act. specifying the ciassincatons of
freight and the rates, fares and charges
freight which they may agree To estab-
lsh should not be permitted. provided
copies Of such agreements be promptly
filed 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
fares, charges. or classhcations by 30
days notice in writing 10 the other par
ties and TO the commission"
other Amendments Urged.
In accord with other declarations OF the
Republican platform of 1913. the president
further recommends that the interstate
commerce law be amended so as to pro.
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
tion which compctes with II respecting
business to which the interstate com
mcrce act applies that law be enact
ed providing that no railroad corpora
tion subject to the interstate commerce
act shall hereafter for any purpose con
nected with or relating to any part or lts
business governed by said act, issue any
capital stock without previous or simul-
taneous payment to II of not less than
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 issue), 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,
If issued at less than their par value,
then not without such payment Of the
reasonable market value of such bonds
or obligations as ascertained by the IN
terstate commerce commission; and that
no property, service, or other thing than
| money, shall be taken in payment to such
required price of such stock. bond or 9TH
er obligation, except the fair value OF
such property services or other thing as
certained by the commission"
Would Prevent Wrong Practices.
The president continues:
Il believe these suggested notifications
| In and amendments to the interstate conf
merce act would make it 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
| has drafted bill TO carry out these
| recommendations which will be fur
| niShed upon request to the appropriate
| committee whenever It may be desired.
I'm addition to the foregoing amend
| ments of the interstate commerce law,
| the Interstate commerce commission
| should be given the power, after hear
| ing, to determine upon the uniform con-
| struction of these applances-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
| stration of what can be done If railroads
are compelled to adopt proper safety ap-
| pliances.
"IThe question has arisen in the opera
| tions of the interstate commerce employ
| ers' liability act, as to whether suit can
be brought against tt the ,s employer oyer &C. cons 1s
| home office. The right to bring the suit
under this act shos@4 be as easy Of en-
| forcement as the right of 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 company in ordinary actions
arising under state laws; Bills for both
| sidered by the house of representatives
and have been passed and are now be
| fore the interstate commerce committee
of the senate. 1 earnestly urge that they
| be enacted into law
Control of the Trusts.
The second part of the message is de-
| voted to the control of trusts. After
| lengthy discussion Of trusts, good and
bad, and the success OF prosecutions un-
der the Sherman antitrust act. Mr.. Taft
| says:
TT 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
| companies with respect 10 which there is
any reasonable ground for suspicion that
| they have been organized for purpose,
and are conducting business on plan
| which is in violation of the antitrust
| law. The work Is a heavy one but 1t
| is not beyond the power of the depart
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 and
possible prosecution OF corporations whose
prosperity or destruction affects the com
| fort not only of stockholders but millions
| of wage earners, employees, and associated
| tradesmcn must necessarily tend to as
turb the confidence of the business com
| munty, 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 cir
| cumstances among the innocent many for
| faults of the guilty few, The question
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
cial disturbance, of changing the char
| acteG organization and extent of their
law under federal control and supervision,
securing compliance with the antitrust
statutes,
For Government Control.
Generally, in the industrial combin9-
ness is the sale Of goods In many states
and in foreign markets; in other words,
| the Interstate and foreign business TAR
| exceeds the business done in any ono
state This fact will Justify the fed
| cral government In granting federal
charter 10 such a combination to make
and sell in interstate and foreign com
| mercc the products of useful manufaC-
| ture under such limitations as will Sc
cure compliance with the antitrust
law. 1t is possible so to frame a statute
that while It offers protection to a fed
eral company against harmful, veNatious
and unnecessary invasion by the states,
II shall subject it 10 reasonable taxation
and control by the states with respect to
its 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 he drawn between good trusts and
amendment to the antitrust law TO make
a distinction under which good Combna-
tons may bc permitted to organize, sup
press competition control prices and do
II all legally II only they do not abuse
the power by taking too great profit out
of the business. They point with force to
certain notorious trusts as having grown
into power through criminal methods by
the use of Illegal rebates and plain cheat
ing and by various acts utterly ViolatiVe
Of business honesty or morality, and urge
| the establishment of some legal line OF
separation by which criminal trusts OF
this kind can he punished, and they. on
! The other hand be permitted under the
| law to carry on their business Now
the public, ana especially the business
public. ought 10 rid themselves Of the
idea that such a distinction is practic-
Diplomacy.
Tnt 10.