davidaulloa/AmericanStories huggingface dataset:
The Nezperce herald. (Nezperce, Idaho) 1900-1957, 1910-08-04
POINTS SAD PICTURE.
Of Condition, IN Nohh Genital Montana
Ouilook Bad

- -"
-Ouilook Bad
Mrs. Rachel z Curtis tells Of
What sbe has seen and experienced
IN the following letter sothe Herald
Chester. Mont July IS. 1910.
Editors Herald.
I paDt 70 insert this IN your paper
and have your neighbor editors put
Il in theirs. 10 shov the people hou
Il Is here. am sick and 10 bed
and am afraid that I viii never live
TO get away. 80 ! though would
write 10 the papers. So please print
xhal I have written. shall leave
here in the morning Il can be taken
to town. There are q LOT Of fell
lows 10 Chester and around putting
this country In order to get more
suckers 10 come into it. You see
something in many Of the papers
about the splendid crops Splendid
crops. indeed. and they are not six
inches high this 18th day Of July.
There's nothing green whatever.
Nothing can grow, IFS 50 hot and dry
and windy. No soil anyhow.
It's awfulio see poor little chill
dren suffering a. they are with cho-
lera infanlum, and no good water
nor nothing much TO eat and anything
before them but starvation for the
winter. I do think Il should be
stopped and the people not allowed
to come to this desert expecting to
end a home. The peorle Who have
come have spent their money all to
get here With their furniture and can't
get away. They can't get work Of
any kind. and their little ones cry
ing for bread. Oh, how terrible to
let such things 60 On. I viii take
my oath that every word I have
written Is true.
will give you the weather as I
have found il since landed here.
June 10. wind blowing gale. June
IS. wind; everything burned up.
June 70, sind and heat unbearable.
Juna 90. more wind and many houses
blown down and children hurt. June
The Nezperce herald. (Nezperce, Idaho) 1900-1957, 1910-08-04

ne sra1crr g fhn paper va y p,sased . learn
~ hnsn abf 10 cure ~ 81 ~ rt4rrs and t1at =
C1tarrh HaIIu c1E1fI1 Cur , ~ only positive
tE1nf I rnErIIfutIru1I 1IaraIa rc4Ufll rNntI'tl-
IIonai IrnaIn1ni Hans oal1rFt N1rt \ taken NJ
I1fE1nr acting f|rfrIF Unc1 ne bod and u01cll
FufIrna1 81 ~ fI1irm. thnrt1v tn1tFuJInE tnl
f1rn1aIInn 81 lhr dI1caan and fIFinr m raIIt1i
nlrnrIl ~ haINInN NJ ~ run1ili1tIrn and aEE1I-
- rrf..rr = DONG ~ unfk Ihr rfnrfIrtorE ha4r
~ MIA faIlh NJ clfatltr powers l1lt tiey pIti
or IIurdrrd Dollars i1r any ra1e t14t ans g
IIrr HrHd Inr hi o. tfatImcnlaH
afdflas ~ u CHENEY a CO. Iciedo o
80 ~, Il Ran ~ 1907 Ss.s ;or ooasuss,sa
The Nezperce herald. (Nezperce, Idaho) 1900-1957, 1910-08-04
NOTICE FoR PUBLICATION.

ntpsrfment Of Interior Z s Land OHce al
Lewiston. Idaho. June .. 1910
FolIce u hereby given that J. hyn1e Zen
dcfnon. 81 NcEperce. Idaho. who. o. August
III i1ol made homestead eufry 20. iH4lo. strfaI
No olSlr. Tor ~ \ ktt and 81 = Nht1, section
81 township "a no4lhl range east 1pise Agri'
dian. has filed notice Of intention 10 make
fnal Eve year proof. 20 ell ablIsh claim TO Toe
Iend above described, before VI. ". Hammell
3. ComuIf1ioncrI ~ ft1porcc, Idaho. on
the lat dnf Of September. 1910.
Claimant names a. witnesses. william n.
nalrf. Hnrrf vi. Niles. William Eaetman,
Ffank q Hitks all Of fcKnerce. Idaho.
=. n BARTLETT. Register.
first pub July ., iSio
The Nezperce herald. (Nezperce, Idaho) 1900-1957, 1910-08-04
NEzPERcE R0CHDALE co.
~rh, Farmer ln,silulion''

Our mission is to serve the BUSH
ness interest Of all farmers. Make
your requirements known to its bust
ness manager E. Nelson.
The Nezperce herald. (Nezperce, Idaho) 1900-1957, 1910-08-04

The Boli:neer Annex, With It's forty
new rooms makes this famous hos
tlery one Of the best equipped in
North Idaho. Mr.. McCrane thinks
the best is none too good for his
friends.
The Nezperce herald. (Nezperce, Idaho) 1900-1957, 1910-08-04

Bring your sewing machines TO the
harness shop and get them REPAIRED
BY Nick Lair. Twenty years ex-
perience. A. r. Fike, Propr.
Los Angeles herald., 1910-01-08
RECOMMENDATIONS

|, however, recommend the law shall
be so amended as to provide that from
and after the date of its passage no
company subject to the interstate COM
merce commission shall directly or in
directly acquire any interests of any
kind in capital stock, or purchase or
lease any railroad or any other corpo-
ration which competes with it respect
ing business to which the interstate
commerce act applies.
But especially for the protection OF
the minority stockholders, in securing
to them the best market for their STOCK
l recommend that such prohibition be
coupled with a proviso that it shall not
operate to prevent any corporation,
which at the date of the passage of
such act shall own not less than one
half of the entire issue and outstand-
ing capital stock of any other railroad
company, from acquiring all or the re
mainder of such stocks, or to prohibit
any railroad company which at the
date of the enactment of the law is
operating a railroad or any other cor
poration under lease, executed for a
term of not less than twenty-five years,
from acquiring the reversionary owner
ship of the demised railroad, but that
such operations shall not authorize or
validate the acquisition through stock
ownership or otherwise of a competing
line or interest therein in violation of
the antitrust or any other law.
Los Angeles herald., 1910-01-08
COMMERCE ACT

In twelve of the cases referred to it
was stated preliminary injunctions
were prayed for, being granted in six
and refused in six.
1T has from the first been we'll un-
derstood,' says the commission, that
the success of the present act as a
regulating measure depended largely
on the facility with which temporary
injunctions could be obtained. If a
railroad company, by mere allegation in
its bill of complaint supported by eX
parte affidavits, can overturn the re-
suits of days of patient investigation,
no very satisfactory result can be ex-
pected.
The railroads lose nothing by the
proceedings, since if they fail it can
only be required to establish the rate
and pay the shippers the difference be-
tween the higher rate collected and the
rate which is finally held to be reason
able. In point of fact, it usually profits
because it can seldom be required to
return more than a fraction of the ex-
cess charges collected"
In its report for the year 1909 the
commission shows that of the seventeen
cases referred to in its 1908 report only
one had been decided in the supreme
court of the United States, although
five other cases had been argued and
submitted to that tribunal in October,
1909
Los Angeles herald., 1910-01-08
SHERMAN ACT

When, therefore, we come to con-
strue the object of congress in adopt
ing the so-called Sherman antitrust
act of 1890, whereby, in the first sec
tion, every contract, combination in
the form of a trust or otherwise, or
conspiracy in restraint of interstate or
foreign trade, or commerce, is con-
demned as unlawful and made subject
to indictment and restraint by injunc-
ton; and whereby, in the second sec
tion, every monopoly, or attempt to
monopolize, and every combination or
conspiracy with other persons to
monopolize, any part of interstate trade
or commerce, is denounced as Illegal
and made subject to similar punish
ment or restraint, we must infer the
evil aimed at was not the mere big
ness of the enterprises, but it was the
aggregation of capital and plants with
the express or implied intent to restrain
interstate or foreign commerce, or to
monopolze 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, formerly
engaged in trade as partnerships or
corporations or otherwise. of course
eliminates the competition that exist
ed between them, but the incidental
ending of the competition is not to be
regarded necessarily as a direct re-
straint of trade, unless of such an en-
bracing character that the intention
and effort to restrain trade are appar-
ent from the circumstances, or are eX-
pressly declared to be the object of
the combination.
Los Angeles herald., 1910-01-08
ANTI-TRUST LAWS

There has been a marked tendency
in business interests of the country for
forty years past toward combination
of capital and plant in manufacture,
sale and transportation. The moving
causes have been several.
First--It has been rendered possible
for great economy.
Secondly a union of former COM
petitors it has reduced the probability
of excessive competition.
Third-If the combination has been
extensive enough and certain methods
in the treatment of competitors and
customers have been adopted. the COM
Diners have secured a monopoly and
complete control of prices and rates.
A combination successful in achiev-
ing complete control over particular
line of manufacture has frequently
been called a trust" l presume that
the derivation of the word is to be ex-
planned by the fact that an unusual
method of carrying out the plan of the
combination has been to put the capi-
tai and plants of various individuals,
firms or corporations engaged in the
same business under the control of
trustees.
The increase in the capital of busi-
ness for the purpose of reducing the
cost of production and effecting econ
omy in the management has become as
essential in modern progress as the
change from the hand tool to the ma
chine.
Los Angeles herald., 1910-01-08
PRESENT METHOD

Under the existing law the inter-
state commerce commission itself in
itiates and defends litigation in the
courts for the enforcement, or in the
defense of, its orders and DEGREES, and
for this purpose it employs attorneys
who, while subject to the control OF
the attorney general. act upon the in
itiatiVe and under the instructions OF
the commission.
This blending of administrative, exec
utive and judicial functions tends. IN
my opinion, to impair the efficiency of
the commission by clothing it with par
tisan characteristics and robbing it of
the impartial judicial attitude it should
occupy in passing upon questions sub
mitted to it. In my opinion all
litigation affecting the government
should be under the direct con-
troll of the department of justice.
and l therefore recommend that all
proceedings affecting orders and de-
crees of the commission be brought by
or against the United States, continue.
and be placed in charge of an assistant
attorney general. acting under the
direction of the attorney general.
The subject of agreements between
carriers with respect to rates has been
often discussed in congress. Pooling
arrangements and agreements were
condemned by the general sentiment
of the people, and under the Sherman
antitrust law an agreement be-
tween carriers operating in restraint
of interstate or international trade or
commerce would be unlawful.
Los Angeles herald., 1910-01-08
STOCK WATERING

The Republican platform of 1908 fur
ther declares in favor of such national
legislation and supervision as Will pre-
vent the future overiSsue of stocks and
bonds by interstate carriers, and in or
der to carry out it's provisions l recon-
mend the enactment of a law proVid-
ing that no railroad corporation subject
to the interstate commerce act shall
hereafter, for any purpose connected
with or relating to any part of its busi-
ness governed by said act, issue any
capital stock without previous or sim
ultaneous payment to it of not less
than the par value of such stock, or
any bonds or other obligations Except
ing notes maturing not more than one
year from the date of their issue) with
out the previous or simultaneous pay
ment to such corporation of not less
than the par value of such bonds or
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
certained by the interstate commerce
commission, and that no property, SER
vices or anything except money shall
be taken in payment to such carrier
corporation of the par or other re-
uuired price of such stock, bond or 9TH
er obligation, except at the fair value
of such property, services or other
things ascertained, to prevent the abuse
by the improVident or improper issue
of notes maturing at a period not eX-
ceeding twelve months from date, in
such manner as to commit the commits
sion to the approval of a larger amount
of stock or bonds in order to retire
notes than should legitimately have
been issued.
Los Angeles herald., 1910-01-08
RATE PUBLICITY

I think the law should provide that a
carrier on written request by an in
tending shipper, should quote in writ
ing the rate of charge applicable to
the proposed shipment under any
schedule or tariffs to which the car
rier is party, and that If the party
making such request suffer damage IN
consequence of either refusal or omis-
sion to quote the proper rate, or in
consequence of a misstatement of the
rate, the carrier shall be liable to a
penalty in some reasonable amount,
say $3.50, to accrue to the United States
and to be recovered in a civil action
brought by the appropriate district at
torney,
Such penalty would compel the
agent of the carrier to exercise due
diligence in quoting the applicable
legal rate, and would thus afford the
shipper a real measure of protection
while not opening the way to collusion
and the giving of rebates or other un-
fair discrimination.
Under the existing law the comm
mission can only act with respect to
an alleged excessive rate or unduly
discriminatory practice by a carrier
on a complaint made by some indiVid-
uaI affected thereby. [ see no reason
why the commission should not be au-
thoriZed to act on its own initiative,
as we'll as upon the complaint of an in
dividual, in investigating the fairness
of any existing rate or practice; and
| recommend the amendment of the
law to so provide, and also that the
commission shall be fully empowered
beyond any question to pass upon the
classifications of commodities for pur-
poses of fixing rates. in like manner
as it may now do with respect to the
maximum rate applicable to any
transportation.
Los Angeles herald., 1910-01-08
CARRIERS RIGHTS

OF course, every carrier affected by
the order of the commission has a con-
stltutional right to appeal to a fed
eral court to protect it from the en-
forcement of an order which it may
show to be prima facie confiscatory or
unjustly discriminatory in its effects,
and, as this application may be made
to a court in any district of the United
States, not only does it delay result in
the enforcement Of the order but great
uncertainty is caused by contrariety of
decision.
The question presented by these ap-
plicatiOns are too often technical in
their character and require a knowl-
edge of the business and the mastery
of a great volume of conflicting evil
dence which is tedious to examine and
troublesome to comprehend. 1t would
not be proper to attempt to deprive
any corporation of the right to the re-
view by a court of any order or any
decree which if undisturbed would
rob it of a reasonable return upon its
investment, or would subject it to bur
dens which would unjustly discrimi-
nate against it, and in favor of other
carriers similarly situated.
= What is, however, of supreme inn
portance, is that the decision of such
questions shall be as speedy as the
nature Of the circumstances will ad-
init and that a uniformity of decision
be secured SO as to bring about an eff
fective, systematic and scientific en-
forcement of the commerce law, rather
than conflicting decisions and uncer-
tainty of final result.
Los Angeles herald., 1910-01-08

emphatic as possible, because l con-
ceive that nothing could happen more
destructive to the property of this
country than the loss of that economy
in production which has been, and will
be, effected in all manufacturing lines
by the employment of large capital
under one management. l do not mean
to say that there is not limit beyond
which the economy of management by
the enlargement of plant classes; ana
where this happens and combination
continues beyond this point, the very
fact shows intent to monopolize, and
not to economiZe.
The original purpose of many COM
binations of capital in this country was
not confined to the legitimate and
proper object of reducing the cost of
production. OF course, the history of
most trades will show at times a
feverish desire to unite by purchase,
combination or otherwise, all plants in
the country engaged in the manufac-
ture of a particular kind of goods. The
idea was rife that thereby a monopoly
could be effected and a control of prices
brought about which would inure to the
profit of those engaged in the COM
bination.
Los Angeles herald., 1910-01-08
SCOPE OF LAW

Following the sugar trust decision,
however, there have come along, in the
slow but certain course of judicial dis
positions, cases involving a construc-
tion of the antitrust statute and it's
application, until now they seem to en-
brace every phase of that law which
can be presented to the American pub
lie, and to the government for action.
They show that the antitrust act has
a wide scope and applies t, many COM
binations in actual operation, render
ing them unlawful and subject to in
dictment and restraint.
The supreme court, in several of it's
decisions, has declined to read into the
statute the word unreasonable" be-
fore restraint of trade" on the ground
that the statute applies to all re-
straints, and does not intend to leave
to the court the discretion to deter
mine what is a reasonable restraint OF
trade.
The expression "restraint of trade I
comes from the common law, and wit
common law there were certain cow
nants incidental to the carrying out
a main or principal contract viii 81
were said to be covenants in parts1
restraint of trade, and were heldi s.
be enforcible because "reasonah H.
adapted to the performance of IS
main or principal contract And ura
the general language used by thes.
preme court in several cases it Wcin -
seem that even such incidental cor
nants in restraint of interstate tri
were within the inhibition of n
statute and must be condemned. r
In order to avoid such a resuN &
have thought and said that it md
be well to amend the statute SCI
to exclude such covenants froms
condemnation. A close examinatiof
the later decisions of the court,
ever, shows quite clearly, in casesf
senting the exact question, that
incidental restraints of trade ares
not to be within the law and ARD
cluded by the general statement
to be within the statute the
upon trade of the restraint muI
direct and not merely incidental
direct.
Los Angeles herald., 1910-01-08
REMEDY UNSAFE
nav be doubted how effective this

It NAV be doubted how effective this
remedy is.
Fxperience has shown that many
perhaps most, shippers do not de-
sort to proceedings to recover the eX-
cessive rates which they may nave
been required to pay, for the simple
reason that they have added the rate
paid to the cost of goods ana thus
enhanced the price thereof TO thelr
customers, and that the pupllet ia
effect, has paid the bill.
On the other hand, the enormous
volume Of transportation charges, the
great number of separate tariffs filed
annually with the interstate commerce
commission amounting to almost ZOo'-
600 and the impossibility of any COM
mossion supervising the making OIL
tariffs in advance of their becoming
effective on every transportation line
within the United States to the eX-
tent that would be necessary II thelr
active concurrence were required III
the making of every tariff, mas satls-
fed me that this power, II granted
should be conferred in a very llIillI-
ed and restricted form.
7 therefore recommend that the com
mission be empowered, whenever any
nronosed increase of rates is filed, at
once. either on complaint or of its
own motion, to enter upon an lnVestl-
cation into the reasonableness of such
change, and that it be further en-
powered in it's discretion to postpone
the effective date of such proposed IN
crease for a period of exceeding sixty
days beyond the date when such rate
would take effect
If. within this time, it shall de-
termine that such increase IS unrea-
sonable, it may then, by it's order eth
er forbid the Increase at all or fix the
maximum beyond which it shall not
be paid. If, on the other hand, at the
expiration of this time, the commits
sion shall not have completed its in
vestigation, then the rate shall take
effect precisely as it would under the
existing law. and the commission may
continue its investigation with such
results as might be realized as under
the law as it now stands.
Los Angeles herald., 1910-01-08
UNLUCKY COMBINES

The path of commerce is strewn with
failures of such combinations. Their
projectors found that the union of all
plants did not prevent competition,
especially where proper economy had
not been pursued in the purchase and in
the conduct of the business after the
aggregation was complete.
There was enough, however, of such
successful combinations to arouse the
fears of good. patriotic men as to the
result of a continuance of this move
ment toward the concentration in the
hands of few of the absolute control
of prices of all manufactured products.
The antitrust statute was passed in
1890 and prosecutions were soon begun
under it. In the case of the United
States VS.. Knight, known as the sugar
trust case because of the narrow scope
of the pleadings the combination sought
to be enjoined was held not to be in
cluded within the prohibition of the
act, because the averments did not go
beyond the mere acquisition of manu-
featuring plants, the refining of sugar,
and did not include that of a direct and
intended restraint upon trade and COM
merce in the sale and delivery of sugar
across state boundaries in foreign
trade
The result of the sugar trust case
was not happy, in that it gave other
companies and combinations seeking a
similar method of making profit by
establishing an absolute control and
monopoly in a particular line of manu-
facture, a sense of immunity against
prosecutions in the federal jurisdiction,
and where that jurisdiction is barred
in respect to business which is neces-
Sarily commensurate with the bonn
daries Of the country, no state prosecu-
tton is able to supply the NEEDED ma
chinery for adequate restraint or pun
ishment
Los Angeles herald., 1910-01-08
OTHER PROVISIONS

Such act should also provide for the
approval by the commission of the
amount of stock and bonds to be is
sued by any railroad company subject
to this act on any reorganization pur-
suant to the judicial sale of other
legal proceedings, in order to prevent
the issue of stock and bonds to an
amount in excess of the fair values
of the property which is the subject
of such reorganization.
[ believe these suggested modifica-
tions in, and amendments to, the in
terstate commerce act would make it
a complete and effective me sure for
securing reasonableness of rates and
fairness of practices in the operation
of the interstate railroad lines, with
out undue preference to any indivi-
dual or class over any others; and
would prevent the recurrence of
many of the practices which have
given rise in the past to so much pub
lie inconvenience and loss.
BY my direction, the attorney gem
eral has drafted 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 to the interstate commerce law,
the interstate commerce commission
should be given the power, after a
hearing, to determine on the uniform
construction of these applicances-
such as sill steps, ladders, roof hand
holds, running boards and handbrakes
on freight cars engaged in interstate
commerce-used by the trainmen in
the operation of trains, the defects and
lack of uniformity of which are apt