The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-03-07
FAVOR court
OF COMMERCE
Continued from Page one.

port says that the effect of the traffic
agreement is to relieve carriers from
the prohibition of the anti trust act,
while preserving unimpaired the con-
troll of the interstate commerce COM
mission over all such agreements. Tt
is declared that the provision is in
exact compliance with the declaration
in the republican platform.
After quoting the clause of the plat
form concerning such agreements, the
report says:
The contention tina this declara-
ton can only be complied with by re-
quiring the approval of such agree
ments by the interstate commerce
commission before they become opera
tive is, in the opinion of the commit
tee, destitute of the slightest founda
ton.
This section in question carefully
preserves the principles clearly enun-
ciated in the platform and only by a
Wilful distortion of language could 1t
be contended that this carefully guard
ed provision involved any abandon
ment of the principle of competition
between naturally competing lines"
Endorsing the proposed court of
commerce. the report says that the
principal argument in favor of it's crea-
ton lis that it win prevent delay and
confusion in the enforcement of the
law by creating one tribunal specially
versed in the complicated and often
technical ques tions arising out of the
law to railroads and other carriers
subject to the act
Supreme court rulings are cited in
support of the contention that the
scope of review of the commissions
orders in the court will not be wider
than it is now in the circuit courts. 1t
is contended that courts ought not to
be endowed with merely administra
tive powers such as are involved in
the exercise of the commissions dis
cretion The claim that there will not
be enough business to keep the tribu
nal occupied is no. seriously consid
cred by the commission.
; The administration bill gives the at
torney general entir charge and con-
troll of the interests of the government
in all cases and proceedings IN the
court of commerce and in the supreme
court on appealed cases. This is a
change from the existing law. The
committee says that the present sys-
tenn combines in the members OF the
interstate commerce commission the
functions of investigator, Judge, and
prosecutor, which is declared to be
contrary to the correct theory of law
of procedure.
Commenting upon the provision for
investigation by the commission of
proposed increases in rates. the report
says that a majority of the committee
is of the opinion that the commission
should be authorized to commence the
investigation of proposed increase in
rate, or change in classification as
soon as 1t is filed. The majority sup
ports also the proposition that at any
time before the rate classification will
become effective the commission
should be empowered to postpone, the
effective date for a reasonable period
to enable 1t to investigate the proposed
action.
The bill fixes this reasonable period
at sixty days, and although the COM
mission recommended that this time
be extended to 120 days, the commit
tee says IT believes that with due
diligence the commission can deter
mine within the time allotted whether
the increase should be approved.
AS to the provisions relating to
through rates and through routes, the
shippers right to route shipments and
the making of annual reports. the ma
jority follows the line of argument
advanced by Attorney General Wicker
sham in his published abstract OF the
bill
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 II
did not prohibit the acquisition by
means of holding corporation of
stocks of competing lines OF railway
The provisions of the Sherman anti
trust law 90 completely cover that
ground that the committee deemed 1t
unnecessary to attempt to make a
Eepetition of those prohibitions in this
act. For the same reason 1T was not
deemed expedient to attempt to deal
with the question of combinations of
express companies or telegraph and
telephone companies. because, where
such combinations constitute a re
straint Of trade. the Sherman act af-
fords ample authority to reach and
prevent them
Attention is called to the fact that
the bill provides means of ascer-
tanning by judicial Investigation and
determination whether or not a bona
fide contract proposed to be entered
into respecting the acquisition of
stock or property of railroads Is in
violation of the prohibitions of the
Sherman act before large investments
'of capital are made in reliance upon