Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1911-09-30

ing and instructive. Soon aILer the m
ception of the statute the railroads
began to treat the interstate COM
merce commission quite contempt
uously. The system of unlawful re-
bates was very widespread among
them and the neglect Of the law was
apparent to everyone interested in its
operation. This condition aroused the
indignation of the people and pressed
| their representatives on to further re-
strictions. Indeed, 1t gave rise to a
prejudice against the railroads from
which they have suffered in some
cases unjustly. Now, feel that they
have become reconciled to the facts;
they have come to recognize that the
public insists upon regulating their
business and seeing to 1t through the
interstate commerce commission that
they do not violate the law. l believe
and hope that the spirit OF vindictive-
ness against these great arteries OF
public commerce which the indigna-
ton of the public naturally prompted
in their representatives Is gradually
disappearing.
| Occasionally one hears the COM
plant that there is no room for enter
prise among railroads; that there IS
Lno inducement to further investment
and the extension of their lines; that
somebody else is running their rail
roads for them; and that all hope OF
prosperous business in transportation
has disappeared / think this attitude
| is as unreasonable on the one hand
as that of spite against railroad be-
cause it is a railroad Is on the other.
Wy - fha condition
the public insists, and has right to
insist, upon the close regulation OF
railroads in view of past evils and or
the danger of their recurrence IN the
future if vigilance is abated, and that
nothing but such regulation Will
secure the compliance with the law
that the public insists on having. That
regulation is not restrictive OF wide
discretion in railroad management,
and there is and ought to be suffi-
Glen: scope for enterprise for close
economies in the business Of the com
mon carrier, and for the securing OF
reasonable profit for the shareholders,
to make the railroad business as great
field as ever for business genius.
All reforms have not been secured in
railroad management. This takes time.
Many rates are still unreasonable or
discriminating; but the point L. am
making Is that we now have effective
and impartial machinery In the pre-
sent organization and power of the
commission for effecting those re-
forms without additional restrictive
legislation.
Discusses Tariff Question.
Second. With respect to the trusts.
I have elsewhere given my view OF
what the decision of the supreme court
is. It in effect declares that the anti
trust statute Furnishes every comb1na-
ton or restraint of interstate trade
that is intended and has the necessary
effect to control prices, exclude COM
petition, and establish a partial or
complete monopoly of any interstate
trade in any merchandise, and that
bill OF equity may he filed against the
offending combination or corporation
which will lead to disintegration OF
chat combination, If found unlawful,
and division of it into sufficient
number of parts under separate own
ership to insure competition and to
maintain. 1t by the continuing force OF
perpetual injunction against the re.
sumption of the unlawful bond and
purpose of the combiners. Whether
1t will be possible to secure national
incorporation act for the closer super
vision of those corporations engaged
In interstate trade, and for their
greater security when they pursue
business in accordance with law, I am
unable to say, because the constitu-
tional views Of the present majority In
the lower house are presumably
against the increase of the federal
function with respect to corporations.
Be that as 1t may, the business COM
munity now knows, or ought to know,
where it stands. The court declines to
hold that competition is impossible
under modern conditions, but 1t in
sists that it must be given full oppor-
tunity for operation, and that any COM
bined effort affecting interstate trade
looking to it's suppression Is contrary
TO law. In other words, business must
face the necessity of throwing away
the crutch of combination In its
further progress. When this rule Is
recognized, when the corporations
that have offended the law are dis
integrated sufficiently to enable COM
petition to have full play, then there
is no reason why business should not
go on unhampered.
The "Hurting Business" crItlcism.
Criticism has been uttered In no
measured tone against the activity Of
the department. OF justice In the insti-
tuition of prosecutions and bills Of
equity under the antitrust law, on the
ground that it Is hurting business. 1t
is the sworn duty of the executive to
enforce the law, and as long as such
combinations exist and are known to
exist contrary to the law officers Of
the government in any way they would
be lacking in their duty If they did not
prosecute them. They are under my
orders to treat the prosecution Of
trusts like the bringing Of any other
suits which are within the scope and
| duty of the department Of justice, and
must decline to admit that there is
any discretion which would enable the
attorney general and his assistants to
stay the hand of the government in
respect of such violations Of law. do
not think it need be long continued,
because I believe that the business
l.. Is. T.,