The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1912-12-05
ABSTRACT Of ANNUAL REPORT Of
ATTORNEY GENERAL W|CKERSHAM


ing to the fact that the government
was unable to secure a temporary
Injunction restraining the eXporta-
tion of 100000 bags of coffee, said
to be stored in New York City un-
der the valorization scheme, the at
torhey general recommends the en-
actment of an amendment to the
Wilson law, authorizing the seizure
by the government in the state of
entry of merchandise imported for
the purposes of unlawful combna-
tion. At present such commodities
must be in the course of interstate
transportation to justify seizure.
The voluntary dissolution OF the
National Packing Company, follow
ing 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 COM
| petitive conditions in a very large
industry which have not for long
time heretofore existed"
Objections to the commerce court
| in the judgment of Mr.. Wickersham
would be met by legislation requir-
| ing the interstate commerce com
mission to state in its report, as a
basis for its order, the findings OF
fact and the reasons on which the
order is based; providing that all
findings Of fact and conclusions of
policy appearing in the export shall
be final and conclusive; and limit
ing court review exclusively to
questions of law arising upon the
commissions report.
As result of the decision of the
supreme court holding that the
commerce court has no power to
review so-called negative orders
OF the interstate commerce commits
sion, the attorney general recon-
mends that the law be amended so
that the commerce court viii nave
Jurisdiction to review all errors OF
law in respect to orders of the COM
mission which deny relief to ship
pers or others, just as the court
now has power TO review orders
granting relief. The practical re-
suit of the present situation, he
adds, is that relief against errors
of law by the commission is limited
to the railroads 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 its alleged owner
ship and transportation of the coai
of the Lehigh Valley Coal Company,
the attorney general says that the
organization by the railroad COM
pany 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 Com
pany, all of whose stock is owned
by the railroad company, and is
sold at the breakers to the Lehigh
Valley Coal Sales Company, all OF
whose stock has been originally is
sued to and distributed among the
stockholders of the railroad compa-
ny, pro rata, but which company
has separate offices from the rail-
road company, and separate direct
/, ors, and whose stock may be sold
by the stockholders without regard
to their continued holding of the
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 trans
portation begins and, therefore, such
transportation would seem to be
free from the prohibition of the
commodities clause as construed by
the supreme court"
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 pc
troleum bearing lands in California
said to be worth more than $780,
100000. The legislation under
which the patents were granted to
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