Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-04-01
notends the Merger Provision as
BEING a Great Advance Over
The Existing Law.
rsvoRs TRAFFIC AGREEMENT
AGAINST Letting Commission suspend
Rates Fixed by Road Without
An Investigation.

v,-,sbincfon. March 3l-Commandlng
49,. .,rsful attention Of a majority OF
81. colleagues. Senator Root today con-
..u.5 three hours in continuing his
--...r fp defense OF the administration
r.1ro1d bin before the senate. lie
.-,.r failed TO conclude his remarks.
m. dafsrded the merger provision Of the
tm as a great advance over existing
i,,. as 10 made the purchase of one
,orusnv's stock By another an offcnso,
,s.r, be argued. such acquisition was
r.t NOW Illegal, except as part of d
conspiracy go.
mont section but expressed a Wiling
r..e .o require such agreements TO he
5.r.rBsrt ON the approval of the in
t.r.tatr commerce commission.
Wr Root emphasized the provision
..p.tfine traffic agreements as 81
-,i4I inheritance Tie declared the
,r.s.rt prlhiritiVe act provoked It's
. ,f6T4fiou This course was most
5srorillzIug. and should not be en-
..rr4gsd by failing 10 put II In the
rs..gr Of the railroads To- observe the
ise and etul make their agreements. II
,,as b.tfrr to have the railroads voluu-
t4r.f. conform to the law than TO have
t5sm forced TO do So he said.
INSISTS ON COMPETITION.
W. insist upon competition he con-
grgeI "but we prohibit such compeu-
ti48 8. we think injurious and we for
~sf tbe railroads themselves may be
taftar able to enforce the law than can
ary officer loo Washington
Ha argued loo many matters the rail
roads we're practically required 10 en-
t.r into agreements. and so long as this
vss true. De said. 10 was absolutely
necessary the railroads be authorized
t5 COME together To do this would be
fa wine out am anomaly and abuse.
T1 reply 20 am inquiry from Mr. Ray
nor Mr. Root said he would favor an
amendment requiring that agreements
among railroads have the approval of
the Interstate commerce commission
before going into effect He did not,
however regard the addition as OF par
u.uhr Importance. The only reason
f1r los Insertion would be TO avoid mis-
understanding The concession, how
ever. was considered by the opponents
cf the bin as very important.
Mr. Depew advocated amending the
BIN to require governmental approval.
Pie said he had held to that position for
many years before he entered the sem
ate
and I believe that IS the attitude OF
every railroad man IN the country" he
added
Senator rlapp said he would insist
tb. bin De 500 wordcd as 10 make agree
mcnts unlawful unless approved by the
commission.
SUSPENSION OF RATES.
ST. Root said he never would con-
sent 90 give 90 the commission the right
90 suspend "a rate fixed by railroad
without Investigation. lie would not
consent that any Official should fix the
railroad rate. but was willing the gov
eminent should supervise rates. To do
more would Doe 20 change from the
American To- the European system, he
sud- with government ownership in
t..ably following.
We am desire the extension Of our
system, but We win never say TO the
capital of the country VIC encourage its
Investment only 10 concentrate its con-
troll iu Washington. said Mr.. Root.
Nr Cummins asked whether there
was any difference I'm principle In Civ
ing the commission power 20 suspend
rates Cor 90 days for Investigation, and
giving 10 power to make an indefinite
suspension
"rhe power 10 render indefinite sus-
pension s the power To render final
Judgement represented MI. Root.
whereas the power OF temporary sus-
pension is Ike the granting of tenn
i1ry Injunction. The power to sus-
pend indefinitely involves the right t.
suspend without any investigation.
Nr Bacon took issue with Mr. Roots
assertion that the fixing OF rates by
ue government would lead to govern
men; ownership. lie said for 80 years
Mg rilmad commission Of Georgia.
had had such power.
Mr Root replied there would be
found q vast difference between state
and government control The chief
junction of ownership was the fixing
OF rates. Doc said, and he argued N the
aale could fix rates II could reduce
lham to point whore il might be
necessary % take absolute control
Mt. Aldrich asked Mr. Root whether
Do was in favor OF giving the inter
STATE commerce commission power to
lN the rates on an the railroads ~
1eorsia Mr. Root replied he would
.oi favor turning over control Of all
'At railroads To the commission.
AS TO MERGER.
Dr. Root contcndcd the merger sec.
l'n of the bin did not interfere with
lle operation of the antitrust act lie
uee.aie1 the supreme court decision in
the Northern Securities case had not
H''l me purchase of stock To be con-
ual} lo the anti trust law.
'N ila contrary II had explicitly hold
tldl congress could not control the
W'l' acquisition Of stock Of "a railroad
corporation The offense was In the
conspiracy ana II might not always be
ln'l The purchase OF stock was In pun
sl.nc' nt "a conspiracy or. II So Il was
10y always easy 10 prove the facts Tie
II t1a hill would relieve the gov
'IuUleHt oi the necessity OF finding a
conspiracy
ms h. exclaimed. "is merely an
"l'an'' from theory 10 practise; II IS
a." advance from newspaper disserta-
s.'a I'D definite legislation The serl-
W. question: Is whether. under our cop-
lHon' We can say the railroad cor
.'l'oh7 on any state shall not pur-
49,. lue Aock NJ corporation ~
n l'.D. aHlN Tho question Is whether
=, "'l 1n Infringement Of the rights
y.. rt"t.s pver their own creations"
,br was lhdncd however 10 believe
c,'. ,'uIi7 Wpuld not sustain an ac-
'."'u or sock because Il bears so
~ rehum 20 restraint OF trade
~. ln''ess Pc regarded II as "the
Ssi sD lhe pldest and the most radi-
roe,,i.,3t yet liken by Congress I'm the
l''lon OF commerce"
MI Bailey billed 10 agree entirely
d'l Mr Root as 10 the tenor Of the
lh IN Northern Securities