Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1912-12-05

laying a heavy tax upon him, has de-
veloped what the attorney general re-
CARDS as a defect in the still opera
tive section of the Wilson tariff law
dealing with combinations. Pointing
to the fact that the government was
unable to secure a temporary injunc
ton restraining the expectation of
$4,000 bags of coffee, said to be
stored in New York City under the
valorization scheme, the attorney gen.
eral recommends the enactment of an
amendment to the Wilson Jaw, au-
thorizing the seizure by the govern
ment in the state of entry of merchan- |
disc. imported for the purposes of I'M
lawful combination. At present such
commodities must be in the course
of interstate transportation to justify |
seizure.
The voluntary dissolution of the Ma
tional Packing company, following the
acquittal at Chicago Of the beef pack
ers of criminal violation Of the Sher
man law, has accomplished, in the be-
lief of the attorney general, "a sub
stantial restoration of competitive con-
ditions in a very large industry which
have not for a long time heretofore
existed"
Objections to the commerce court,
in the Judgment of Mr.. Wickersham,
would be met by legislation requiring
/ the interstate commerce commission
| to state in its report, as basis for
it's order, the findings of fact and the
reasons on which the order is based;
providing that all finding of fact and
| conclusions of policy appearing in the
report shall be final and conclusive;
and limiting court review exclusively
to questions of law arising upon the
commissions report.
AS a 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, the
attorney general recommends that the
law be amended so that the COM
merce court will have jurisdiction to
review all errors of law in respect
to orders Of the commission which
deny 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 rail-
roads and denied to the shippers.
In connection with the suit against
the Lehigh Valley Railroad company
under the commodities clause of the
interstate commerce act, because of
it's alleged owernship and transporta-
ton of the coal of the Lehigh Valley
Coal company, the attorney general
says that the organization by the rail-
road company of the Lehigh Valley
Coal Sales company seems TO satisfy
the demands of the law as interpreted
by the supreme court.
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 railroad
company, and is sold at the breakers
to the Lehigh Valley Coal Sales com
> pany, all of whose stock has been
!, originally issued to and distributed
among the stockholders of the railroad
company, pro rata, but which company
has separate offices from the railroad
company, and separate directors, and
whose stock may be sold by the stock
holders without regard TO their con
:. tinued holding Of stock in the railroad
company. By this arrangement both
the railroad company and the Goa
companies seem to have parted in
good faith with title to the coal before
transportation begins and, therefore
:, such transportation would seem to be
, free from the prohibition of the com
modities clause as construed by the
supreme court"
The attorney general announces his
intention of filing suits in equity
> against the Southern Pacific Railroad
= company and others for the recovery
:, of vast areas of petroleum bearing
u lands in California said to be worth
{ more than $500,0O0,00 The legisla
ton under which the patents were
: granted to the railroad company, h.
Il says, excepted mineral lands othe
y than iron or coal lands. The railroad
company contends, according to thu
attorney general, that the exceptions
>, in the patents are void.
To Investigate and preserve tn
. rights of the government to tn
sources of water supply for the stu
pendous reclamation projects cor
y structed or in contemplation, MI
y Wickersham strongly recommends a.
appropriation to employ an adequat
force of lawyers. Pointing out tina