Evening capital news. (Boise, Idaho) 1901-1927, 1912-12-05

free trial package today. Adv.
combination. At present such commo-
dities must be in the course of in
terstate transportation to justify seiz-
ure.
National Packing Company.
The voluntary dissolution of the
National Packing company. following
the acquittal at Chicago of the beef
packers OF criminal violation of the
Sherman law, has accomplished. in
the. belief of the attorney general "a
substantial restoration Of competitive
conditions in very large industry
which have not for long time here
tofore existed
Objections to the commerce court In
the judgment of Mr.. Wickersha m
would be met by legislation requiring
the interstate commerce commission
to state in its report, as basis for 1t.
order, the findings of fact and thu
reasons on which the order is based
providing that all finding Of fact and
| conclusions Of policy appearing in thu
report shall be final and conclusive
and limiting court review exclusivel,
to questions OF law arising upon the
commissions report.
AS result of the decision of the
supreme court holding that the com
merce court has no power to review
so-called negative" orders of the In
terstate commerce commission, tn,
attorney general recommends that tn
law be amended so that the commerce
| court will have jurisdiction to revive
all errors of law in respect to order.
of the commission which deny relie
to shippers or others. just as the cour
now has power to review orders
granting relief. The practical result
Of the present situation. he adds, II
that relief against errors of law b,
the commission is limited to the rail
roads and denied to the shippers
Lehigh Valley Suit.
| In connection with the suit agains
the Lehigh Valley Railroad compan!
under the commodities clause of tn,
interstate commerce act, because Of 1T
alleged ownership and Transportation
of the coal Of the Lehigh Valley Goa
company, the attorney general say
that the organization by the railroad
| company of the Lehigh Valley Goa
Sales company seems to satisfy thu
demands of the law as interpreted b.
the supreme court.
1.-THE situation u.s." he continues
! that coal which is shipped over tn
| Lehigh Valley railroad is mined b.
| the Lehigh Valley Coal company, al
Of whose stock is owned by the rail
road company. and is sold at tn
breakers to the Lehigh Valley Goa
Sales company. all of whose stock ha
been originally issued to and distrib
uted among the stockholders Of tn
railroad company, pro rata, but whicl
company has separate offices from tn
railroad company. and separate direc
tors, and whose stock may be sold b.
the stockholders without regard t
their continued holding Of stock in tn
railroad company. BY this arrange
ment both the railroad company an
the coal companies seem to hav
parted in good faith with title to tn
coal before transportation begins ant
therefore. such transportation woul
seem to be free from the prohibition q
the commodities clause as construed b
the supreme court
The attorney general announces hi
intention Of soon filing suits Il
equity against the Southern Pacifi
Railroad company and others for tn
recovery of vast areas Of petroleum
bearing lands in California said to b
worth more than 3500,000.o00. Tn
legislation under which the patent
were granted to the railroad company
he says, excepted mineral lands othe
than iron or coal lands. The railroa,
company contends. according to tn
attorney general, that the exception
In the patents are void.
To investigate and preserve tn
rights OF the government to tn
sources Of water supply for the stn
pendous reclamation projects con
structed OF in contemplation. N,
Wickersham strongly recommends Z,
appropriation to employ an adsquAt
force Of lawyers. Pointing out that in
Vulnerable claims inevitably win b
lodged against the government, con
testing its right to selected waite
sources. he says the welfare Of tn
citizens who hive stalked their for
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