The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-12-05


merce court will have jurisdiction. to
review all errors of law in respect to
orders of the commission which deny
relief to shippers or others, just as
the court now has power to review
orders granting relief. The practical
result of the present situation, he
adds, is that relief against errors of
law by the commission is limited to
the railroads ard denied to the ship
pers.
In connection with the suit against
the Lehfgh Valley Railroad company
under the commodities clause of the
Interstate commerce act, because Of
It's alleged ownership and transporta-
ton of the coal of the Lehigh Valley
Coal company, the attorney general
says that the subsequent action of the
railroad company in organizing the
Lehigh Valley Coal Sales company
will be submitted to the court soon
to determine whether the situation
now satisfies the demands of the law
as interpreted by the supreme court.
1.-The situation is he continues,
that coal which is shipped over the
Lehigh Valley railroad is mined by
the Lehigh Valley Coal company, all
of whose stock is owned by the rail-
road company, and is sold at the
breakers to the Lehigh Valley Coal
Sales company, all of whose stock
has been originally issued to and dis
tributed among the stockholders of
the railroad company, pro rata, but
which company has separate offices
from the railroad company, and sep
arate directors, and whose stock may
be sold by the stockholders without
regard to their continued holding of
stock in the railroad company. BY
this arrangement both the railroad
company and the coal companies seem
to have parted in good faith with
title to the coal before transportation
begins and it Is claimed, therefore,
that such transportation is free from
the prohibition of the commodities
clause as construed by the supreme
court"
Will File Equity Suits.
The attorney general announces his
intention of soon filing suits in equity
against the Southern Pacific Railroad
company and others for the recovery
of vast areas of petroleum bearing
lands in California said to be worth
more than $5OO,OOO,OOO. The legisla-
ton under which the patents were
granted to the railroad company, he
says, excepted mineral lands other
than iron or coal lands. The rail-
road company contends, according to
the attorney general, that the excep-
lions in the patents are void.
To investigate and preserve the
rights of the government to the
sources of water supply for the stu
pen0OuS reclamation projects con-
structed or in contemplation, Mr.
Wickersham strongly recommends an
to employ an adequate
force of lawyers. Painting out that
claims inevitably will be
lodged against the government, con-
testing its right to selected water
sources, he says the welfare of the
citizens who have staked their for
tunes on the success of these enter
prises and the honor of the govern
ment demand immediate action.
The department of justice, including
the offices of the attorney general and
all the United States attorneys, has
been on a paying basis during Presi-
dent Taft's term of office, according
to figures submitted in the report, a
surplus of nearly $2,5O0,0OO over ex-
penses having been turned into the
federal treasury. For the four years
ended June 80, last, the department
collected $11,212,959 through suits
and compromises and expended
$S,756,565. The collections for the
preceding four years amounted to
$3,597,442 and expenses $6,366,796.
In addition, the government recov-
cred during the past four years
1,623,119 acres of public lands.