davidaulloa/AmericanStories huggingface dataset:
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1910-01-07

This blending Of administrative leg
isiative, and judicial functions tends. IN
my opinion, 10 impair the efficiency Of
The commission by clothing Il with par
Jisan characteristics and robb-ug Il Of
the impartial judicial attitude Z should
occupy in passing upon questions sub
mitted TO It In my opinion all litiga-
ton affecting the Government should
be under the direct control Of the De-
partmeut Of Justice and T.. therefore
recommend that all pTOCeediT gS affect
ing orders and DEGREES Of the Interstate
Commerce Commission be brought by OF
against the United States 60 uomine-
and be placed in charge Of an Assistant
Attorney General acting under the d.
recrion Of the Attorney General
The subject Of agreements between
carriers with respect to rates has been
often discussed in Congress Pooling
arran zernnurs and agreements were
condemned by the general sentiment Of
the people, and, under the Sherman
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1910-01-07

the corporations affected but upon
large body OF the in -esrment holding
public I however, re, Nmmeud that the
law shall be amended so as 10 pro-
vide that from and after the date OF
its passage no railroad company subject
Co. the Interstate commerce act shall
directly OF indirectly, acquire any inter
e-ts Of any kind IN capital stock. or pur-
chase or lease any -ailroad Of any other
corporation which completes with It re-
Srr~fiu- business 20 which the inter
state commerce aC-~SpplIeS- But esUe-
-51rI- for the protection Of the minority
stockholders in securing 10 them the
best market for their stock
recommend thar such prohibition b.
coupled with "a uroviso that II shall not
.urrare TO prevent any corporation
which ~ the date - the passage Of
such act shall own not less than one
halo Of the entire issued and oUtstaUd-
inc capital stock OF any other railroad
company. from ACQUIRING all or the re
-nzfuGer % such stO--k. nor TO prohibit
an railroad company which at the date
Of the enactment Cf the law IS operating
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1910-01-07
Message Looked Upon AS Fulflment of Promise That
Roosevelt Policies Would Be Carried Out
By Present Administration.

mission other than for the I.ls-aeHr OF
money.
90 All cases brought 10 cnioin, set
aside. auuul or suspend any order or re-
quiTcmGut Of the Interstate Commerce
Commission
90 Az such cases as under section 3
OF the act of February 70. 1893. known
as the "EIkins Act are authorized 20
be maintained IN a circuit court Of
the United States.
lD Ali such maudamUs proceedings as
under the provisions Of section % or
section . OF the interstate commerce
law are authorized 20 he maintained IN
a circuit court Of the United States
Reasons precisely analogous TO those
which induced the Congress TO create
the court OF customs appeals by the
provisions IN the tariff act Of August
g. 1903. may be urged in support OF the
creation OF the commerce court
In order 10 provide sufficient
number OF judges TO enable this court
10 be constituted. il viii be ueCes-
sary 20 authorize the appointment Of
five additional circuit judges, who,
TOT the purposes Of appointment,
might be distributed 10 those circuits
where there is at the present time
the largest volume OF business. such
as the second, third. fourth sevenf b.
and eighth circuits
The act should empower the Chief
Justice at any time when the bust
ness Of the court Of commerce does
judges to reassign the judges desIE-
mated 70 that court TO the circuits 10
which they respectively belong and
II should also provide for payment
or SUCH JEcges while sitting by as
SlgnmenJ in the court OF commerce
of such additional amount as IS
necessary 10 bring their annual com
peuSaLiGu ND to $40 onn
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1910-01-07
Sessions at CaritaI.

The regular sessions Of such court
should be held at the Capital but
IL should be empowered 10 hold ses-
sions in different parts Of the United
States If found desirable and It's or
ders and judgments should be made
final, subject only to review by the
Supreme Court Of the United states.
with the provision that the operation
OF the decree appealed from shall not
be stayed unless the supreme Court
shall 50 order.
The commerce court should be en-
powered IN its discretion To restrain
OF suspend the operation of an order
OF the Interstate Commerce Commits
sion under review pending the final
hearing and determination Of the
proceeding but no such restraining
order should be made except upon
notice and after hearing. unless IL
cases where irreparabIe damage
would otherwise ensue 40 the
petitioner.
A judge Of that court miCht be en-
powered to allow a stay Of the com
missions order EOr a period OF not more
tndn sixty days. but pending appliCa-
ton 70 the court for its order or In
junction then only where his order
shall contain a specific finding based
upon evidence submitted 10 the 1udEe
making the order and identified by ref
ereDce thereto, that such irreparabIs
damage would result 10 the petitioner.
specifying the. nature Of the damage
Under the existing law, the Interstate
Commerce Commission itself initiates
ana defends litigation In the courts for
the enforcement or in the defense Of
its orders and DEGREES and for this pur-
pose II employs attorneys who. while
subject 10 the control of the Attorney
General act upon the Initiative and
under the Instructions Of the commits
sion
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1910-01-07
Commissions Approval.

such act should also provide for the
approval by the Interstate Commerce
Commission Of the amcJut Of stock and
bonds 10 BE- issued By any railroad
company subject 10 this act upon any
raOTganlZaTlOn- pursuant 10 judicial sale
or other legal proceedings IN order 70
prevent the issue Of stocks and bonds
70 an amount in excess Of the fair value
Of the property which is the subject
Of such reorganization.
I believe these suggests ID notifications
IN and amendments to the interstate
commerce act would maLe II 4 con 1Ieta
and effective measure for securing rea-
nableneSs OF rates and faiTTfesE OF
practices I'm the operation OF interstate
railroad lines, without undue preference
10 any Individual OF class over any
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1910-01-07
Republican Platform.

The Republican platform OF 1903 de-
Clared IN favor Of amending the inter
state commerce law but so IS always
TO maintain the principle OF competition
between naturally competing lines, and
avoiding the common control Of such
lines BY any means whatsoever. One Of
the most potent means Of exercising
such control has been through the hold
ing Of stock of one railroad company By
another company owning a competing
line.
Tbs condition has grown I'D under eZ-
press legislative power conferred by the
laws Of many States. and TO attempt
now 20 suddenly reverse that policy so
far@as Il affects the ownership OF stocks
heretofore so acquired would be TO In
fict a grievous injury, not only upon
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1910-01-07

OF the existing rates or cIasslfca-
tons, 10 become effective At the
expiration OF thirty DAYS from such
Ming, no proceeding can be taken 10
invest gate the reaS0uahIeueSS Of such
proposed change until after 20 becomes
operative ON the other hand. ~ the
commission shall make an order ind
inE that an existing rate IS excessive
and directing IL 70 be reduced. the car
OF reduction for months and even years
Il mas. theTefO ore. been suggested that
the commission S-Gszld be- empowered,
whenever = proposed increase in rates
is fled. at once 10 enter upon an fuvesri-
CATION OF tne ress0uah Icuess Of the fr-
crease and % make an order postpOu-
ing the effective date Of such Increase
until after such investigation shall be
C0nnIrTrT
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1910-01-07

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The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1910-01-07

rate or practice. and 7 recommend the
amendment Of the law 10 so provide
and also that the commission shall be
iuily empowered. beyond any question,
10 pass upon the classification Of com
mOdiJies for purposes Of fixing rates. IN
IKE manner as IL may now do with re-
SpcCf 10 the maximum rate applicable
L. any transportation.
udeT che existing law the commits
sion may not investigate an Increase in
rates until after st. shall have become
effective, and although one or more
carriers may file with the commission
a proposed increase tn rates OF change
in ClassinCatIOus. or other alteration
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1910-01-07
One Case Decided.

In f-s report for the year 1909 the
commission shows tr-t OF the seventeen
cases referred to IN ius 1908 report, only
one had been decided in The Supreme
Court Of the United States. although
Eve ether cases had been argued and
submitted 10 that tribunal IN october.
ss0s.
OF course, every carrier arrested By
an order OF the commission has a con-
stitutionaI right 70 appeal 70 a Federal
court TO protect II from the enforce
nent OF an order which it may show
10 be prima TaC{e CO1dscatOry or unjust
IS discriminatory in its effect and as
this application may be made TO a
court in any district Of the United
states. not only does delay result in
rrp enforcement Of the order, but Ereat
uncertainty IS caused by CC1Trartety OF
decision
IRE questions presented by these ap-
r7fcarfons are too often technical in
their character and require a knowledge
or the business and the mastery Of q
great volume Of conflicting evidence
which is tedious 20 examine and trouble
some to comprehend II would not ne
uoraIiCn OF the right 10 the review ty
q court Of any order or decree which.
81 EUd-s1uTbed, would rob il OF a Tea-
S0uahle return upon It's Investment or
vvogid lujustlE discriminate against II
and in favor OF other carriers SINH
1erlv situated What IS however. OF
supreme Importance is that the decision
OF such questions shall be as speedy as
Tire nature Of the circumstances VIII ad-
INIT. and that a uniformity OF decision
20 secured so aS 20 bring about an ef-
fective. systematic, and scientific en-
than conflicting decisions and uncertain
e. OF Iu9l result
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1910-01-07
RECOGNIZE AGREEMENTS

see no reason why agreements
between carriers subject to the
act, specifying the classification Of
freight and the rates, fares, and
charges for transportation Of pas
scnEeTE and freight which they
may agree 10 ests bIish, should not
he permitted, providing copies Of
such agreements be promptly
filed with the Commission.
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1910-01-07
Commerce Court.

For tins purpose recommend the
esta bIishment Of a court OF the United
States composed of FIVE judges designat-
&c for such purpose from among the
circuit judges OF the United States. TO
be known as the United States Court OF
Commerce" which court shah be elected
with exclusive original jurisdiction over
the following classes Of cases
ID All cases for the enforcement
otherwise than by adjudication and col
lection Of q forfeiture or penalty. or --
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1910-01-07
BLOW TO MONOPOLY

No railroad company subject TO
the Interstate commerce act shall,
interest Of any kind in capital
stock, or purcha-e or lease any
railroad OF any O5her corporation
" hIch completes with ia respecting
business 30 wb5ch the Interstate
commerce act applies.
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1910-01-07
Power of Interstate Commerce Commission Over Com
mon Carriers Would Be Greatly Increased If
Recommendations Are Adopted

provision 7 know Of no reason why 4
shipper should not have the right 10
elect between two or more established
through routes TO which the initial car
rier may be = party, and 10 require MS
shipment 20 be transported 70 Ces ina
ton over such OF such routes as be may
designate for that purpose. subject,
however, in the exercise of this right 10
such reasonable regulations as the IN
terstate Commerce Commission may
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1910-01-07
Object to Carriers

To this much objection has been made
on the para OF carriers They contend
that tris would be. in effect. 20 take
from the owners OF the railroads the
management Of their properties and 20
c,C1he the Interstate Commerce Com
mission with the original alternating
power policy which was much dis
Cussed at the sine Of the passage + the
Hepburn act in 1865. and which was
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1910-01-07
MAY TAKE INITIATIVE

Commission should ne empower
ed whenever n proposed increase
Of rates T. flied 80 investigate reH-
sOnabIeness Of the increase and not
wait until rates become operative
Hs Is now done
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1910-01-07
Act on InitiatiYe.

Under the existing law the commits
sion car only act with respect to an
alleged excessive rate or undUiy dis
c7iuinatcrv practice by a carrier on a
complaint made By some individual af-
fected thereby I see no reason why the
commission should not be authorized to
act on its own initiative as well as upon
the complaint Of an Individual in in
vestiEatinC the fairness Of any existing
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1910-01-07
Prevent OVerissue.


ther declares in favor OF such national
legislation and supervision as VIII pre-
vent the future overissue OF stocks and
bonds by interstate carriers. and IN
order TO carry out its provisions 7 rec
OTnmend the enactment Of a law pro-
vidins that no railroad corporation sub
iect 70 the interstate commerce act shaEg
hereafter for any purpose connected with
OF relating TO any part Of it business
governed by said act issue airy capital
stock without previous OF simultaneous
pa yment to u OF not less than the par
value OF such stock, or any bonds or
other Obligations except notes maturing
not more than one year from. the date
OF their issue) without the previous or
ton OF not less thar the par value OF
such bonds. or other obligations. or, =
issued al less than their par value. then
not without such payment Of the rea-
soma bic market value Of such bonds or
obligations as asCeTta iUed by the Inter
state Commerce Commission and that
no property. services. or other thing
than money, shall be taken IN pawn eut
10 such carrier corporation, Of the mar
stock bond or other obligation except at
the fair value Of such property, seT-fces
OF other thing az aSCeTtained BY tie
commission. and that such act shah also
contain provisions 10 prevent the abuse
by the 1mDrOvident or improper issue
al notes maturing at q period not ez-
ceeClnS twelve months from date n
such manner as 10 con NIT the COM
mission 20 the approval OF a larger
amount Of stock OF bonds in order 70
retire such notes than should legitimate
Is have been required
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1910-01-07
FURTHER CONTROL OF RAILROADS IS RECOMMENDED
AND GOVERNMENT REGULATION OF CORPORATIONS

then and has always been distinctly
rejected, and in reply to the suggestion
that they are able by resOrting to the
courts TO stay the taking effect Of the
order Of the commission until SIS rea-
bleness shall have been investigated
ny the courts, whereas the people are
deprived of any such remedy with re-
Spect 10 action by the carriers. they
point TO the provision OF the interstate
commerce act providing for restitution
20 the shippers By carriers Of excessive
rates charged in cases where the order
OF the commission reducing such rates
are affirmed. 1t may be doubted how
effective this remedy really is
Experience has shown that many. pr
haps most, shippers do not resort 10
proceedings TO recover the excessive
rates which they NAV have been re-
quired 10 pay, for ne simple reason thar
they have added me rates paid 10 the
cost Of the goods ana thus enhanced
the price thereof - their customers
and that the public has in effect paiG
the bill
On the other hand, the enormous
volume or transportation charges the
great number of separate tariffs filed
annually with the Interstate Commerce
commission amounting 10 almost BOO
coo, ana the fmpOSSibliity Of any COM
MISSION supervising the making Of tar
ms IN ADVANCE Of their becoming pffec-
tive on every Transportation line within
me united states to the extent that
would be necessary 81 their active con
-uFFence wee required IN the making OF
ever JaEliI, has satisfied me that this
power, II granted. should be conferred
IN very limited and restricted form
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1910-01-07

railroad Of any oLEE operation uu-
Der lease. executed IT, = tent OF not
less than twenty-five years, from ar-
curing The reFersiOusTy ownership Of
the deTnlsed railroad, but that such pro-
Nlsions snail not operate 20 authorize
or validate the acquisition. through
stock ownership or otherwise Of a com
netting line or interest theref7 ia vfo-
-aL-nn rf tne anL--r--.- u - - L.
The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1910-01-07
Commission S Power.

/ therefore recommend that the In
terstate Commerce Commission he en-
powered whenever any proposed in
crease % rates is fled. at once. either
on complaint or OF les own motion. TO
enter upon an investigation into the
reasonabieuess Of such change. and
tHat II De further empowered. in its dis
erection, 10 postpone the effective date
or such proposed Increase for A period
nol exceeding sixty days beyond the
udle When such rate would take effect.
Il within this time IL shall determine
.iifJ sucu increase is unreasonable f.
ma men, By rs order. either forbid the
increase ~ all or TX the maximum be-
Spno which tt shall not be made II
e4 lAe otaer hand, at the expiration Of
t..-a liLlitI lIe commission shall NOT
nave fol-.p leteu its invest fr-arrDrr rfra~
the rate SHAH take eFrerr rre,fseT-- I'D. s.
"puiG uuner the existing law. and fra
e'll-iillSs-.H may continue its fr-as-f-
NaLteA Win such results rs r7Tu.rr no
II -atLZte under the law as f. now e-ar.fs
The claim IS very ear1e---r-- -,-7-------
oE some large association of -. l-.-...-s
t'Iat A.IperS or freight should be- eu4-
l-pWFi-4 20 Greet the route over which
.' @-..is.l-Atf should PASS 20 destfna-
Apns anu -1 nils connection il has Bser.
~ t-@ iE@f The provisions of SECRETION d
or inc interstate commerce act --5-s,-I-
.yN empowers She commission. arfrr
,.,ss--il-z on complaint, % establish
lN.oosn routes and maximum For-f
rates 20 be charged. etc. when NJ 49,
-HnaHle or satisfactory through -------.
Siidll nave been already ezra hrfs7-az 81
eliI.i-tH so as 10 empower the a1-77r-fz-
9-lH 20 take such action. even u-Tar
one existing reasonable and earfsrs-r-7--
L'-te a-Lee4F exists. 81 IL be ~nszf--r5z
70 establish additional routes
'-.9 seems 20 me 10 be a reasona bic
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1910-06-05

Clocks that have hands and strike
not; clocks that have faces and blush
not at the falsehood they silently tell
every day in the year and that only
tell the truth once every twelve hours
and then only for a minute, hang over
the doors of iewelry shops.
Most of the wooden clocks that in
form one of the proximity of jewelry
shop misinform him that it is SLY
o'clock. jewelers. have various opin-
ions as to why they all say it's S:11
o'clock
1T is because Columbus discovered
American at sis O'Clock" one explain
ed.
Because" said one tnoughtfully.
Aaron BekowskyovitZh opened the
first jewelry shop at SIS in London. ="
One had it as the time America wa
freed from England and several say
is because President Lincoln was sh,
at S:17 o'clock. But Lincoln was sb
at 1903 and died at 1922 the ne
morning. Anyway the wooden clio,
all say S:17.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1910-06-05
LEE CRUCE ACCEPTS
MURRAY CHALLENGE
FOR JOINT DEBATE UPON ISSUES
INVOLVED IN DEMOCRACYS
INTERNATIONAL CAMPAIGN.

Guthrie, Okla, June Lee Cruce.
democratic gubernatorial candidate,
has accepted the challenge of William
II. Murray for Joint debate upon dem
ocratic issues, on the basis outlined
in Mr.. Murray's letter OF some weeks
ago. The challenge has also been ac-
cepted by j. b. \. Robertson of Chan.
dler and Brant Kirk of Oklahoma City.
Mr.. Cruces letter, written from ard
more on June says:
Hon. William Ii. Murray. Tishomiu-
30, Okla: Dear Sir-I have received
no personal communication from you,
put notice in the public press that
you have challenged Judge J. b. 4.
robertson, Col. l.. p Ross and myself
TO meet you in joint debate. You have
omitted mentioning the Hon +. r..
Herring and Gen. Brant Kirk in you
challenge. but | assume that this was
an oversight, since they are well
known democratic aspirants for the
same office We seek.
1t is, of course, unusual for one is
suing challenge to dictate all the
conditions upon which the same may
be accepted. but | waive this matter
and hereby accept your challenge with
all the conditions imposed. So far as
l am able to control the same. the
debates shall be absolutely free from
personalities and shall be confined
wholly to discussion of public ques-
tions
Ycu and hold differences con
corning the grandfather clause. and
the duty of a democrat who aspires
to the leadership of the party or
one who expects to defend the party
against the attacks of its enemies,
also the Torrens land system, the
taxation of Indian lands from which
restrictions have been removed. and
the wisdom or unwisdom of the
state purchasing the coal and as
phalt lands of the Indians. The peo-
pie of Oklahoma are vitally inter
ested in these questions and il will |
afford me pleasure to engage in
discussion of these, as
well as any other public question |
upon which the various democratic |
candidates differ
| shall instruct the Hon. John r. !
Williams, chairman of the Cruce |
campaign committee, to confer with |
your director as well as those rep
resenting the other democratic can.
dldates, with view of arranging
the times and places for the de
bates. Yours truly
LEE CRUCE
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1910-06-05
indians Raising Poultry.

Colony, Okla, June At is general
ly supposed that Indians do not take
much interest in the raising of poultry.
Big Smoke, a Cheyenne, however, has
flock consisting of four hens and two
roosters, one of the roosters being
blind. When asked why he kept two
rOosters for so small flock, he said
that the blind rooster can't find the
coop by himself and 1t is too much
trouble to hunt him up every night and
put him to roost, so the other rooster
is kept to guide the blind one to
roost The blind rooster has learned
that when lost, to crow. and that al
ways makes the other rooster crow.
Then the blind rooster goes in the di-
rection he hears the other rooster If
he becomes bewildered again before
reaching the coop he crows again, until
he gets with the other chickens. So
each night he finds the roost.