El Paso herald. (El Paso, Tex.) 1901-1931, 1911-09-28

have the power to direct lhe route over
which their shipment should pass to
destination I recommended that this
be given them, subject to such reason
able regulation as the commission
might prescribe.
All Were Enacted.
"AlI these provisions in one form or
another were enacted into the law. In
addition, the house OF representatives
added to the jurisdiction Of the inter
state commerce commission the power
to declare reasonable rates in respect
Of telegraph, telephone and express
COmpanis. A modification was made In
the senate regarding the long and short
haul clause, which gave more discretion
TO the interstate commerce commission
than that which il had heretofore eX-
ercised under the decisions Of the SUI
preme court. The time during which
the commission could suspend the rails
ing Of rate was enlarged to four
months, and after that If necessary,
to six months longer, instead Of the so
days which I recommended. / had sub
mitted the question Of proper amend
ments to the attorney general and the
solicitor general, to the chief OF the In
terstate commerce commission, TO com
missioner PrOuty, and to senator Town
send, then a member OF the interstate
commerce committee Of the house Of
representatives, and I recommended 10
congress for inclusion in the bill the
provisions which they recommended
form in which I have indicated. There
were certain amendments that recon-
mended that were not approved One
was a recommendation that no railroad
company be allowed to acquire stock in
a competing railroad company, with
such provisions Tor existing arrange
ments as would ObViate confusion and
the second recommendation in accord
ance with the platform Of the Republ1-
can party, and the urgent messages OF
my predecessor, was that competing
railroads should be able to make tempo
rsry arran gements for common rates
between common points without giving
them any binding character or con-
tracts. It was thought by congress,
however, that this would seriously at
feet the operation Of the antitrust act,
and It was not approved
Another recomm endatiOn which /
made was one fOrbidding interstate
commerce railways to issue bonds and
stocks without permission OF the inter
state commerce commission. For this
provision was substituted a section pro-
viding a commission to be appointed by
the president TO make a report upon
the feasibility and wisdom OF such
provision and that report will be sub
mitted to congress at the next session.
Il think il is now generally conceded
by those who understand the operation
of the present law that the regulatlFe
power Of the Interstate commerce com
mission is sufficiently great to remedy
generally the injustices to shippers
which gave rise to the demand for leg
islation. Except the introduction Of
Limitation as to the power of Issuing
stocks and bonds, do not think II
wise to add to the present statutes.
Touches on the Trusts.
with respect to the trusts. I have
elsewhere given my view Of what the
decision Of the supreme court is. 1t in
effect declares that the antitrust stat
ute Furnishes every combination or re-
stralnt Of interstate trade that is in
tended and has the necessary effect to
control prices. exclude competition, and
establish a partial or complete monop-
oily OF any interstate trade in any mer-
chandise, and that a bin Of equity may
be filed against the offending cOmbina-
ton or corporation which viii lead to
disintegration of that combination, if
found unlawful and a division Of 10
into q sufficient number Of parts under
separate ownership to insure cOmpeti-
ton and to maintain It by the cOntiuu-
ing force Of perpetual injunction
against the resumption or the unlawful
bond and purpose of the combiuers
Whether IL viii be possible to secure a
national Incorporation act for the closer
supervision of those corporations en-
gagged in interstate trade, and for their
greater security when they pursue bust
ness in accordance with law, I am un-
able to say, because the constitutional
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 it
may the business community now
knows, or ought to know, where #
stands. The court declines to hold that
competition is impossible under modern
business conditions, but it insists that
Il must be given full opportunity for
operation. and that any combined ef-
fort affecting interstate trade looking
to its suppression is contrary to law.
In other words, business must face the
necessity Of throwing away the crutch
Of combination against competition I'm
its further progress. When this rule IS
recognized, when the corporations that
have offended the law are disintcgrated
sufficiently TO enable competition TO
have full play, then there is no reason
why business should not go on unham-
pered.
The Department Of Justice.
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 eOui-
ty under the antitrust law. on the
ground that it IS hurting business. Tt is
the sworn duty Of the executive to en-
force the law, and as long as such com
n.F- g. 49, L.