The chronicle=news., 1912-12-05

party to suit. and particularly to
suit brought under the Sherman
anti trust law, to prevent unlawful
restraints upon Interstate commerce
or foreign commerce-essential u
matter affecting the public-all the
people have Il legitimate interest In
the proceeding and are entitled to
know just what evidence Is being
given. The pubic are the real par
ties to the suit
The suit against the Coffee
Trust" or the Brazilian valorization
scheme. the operations OF which. the
Attorney General says has resulted In
more than doubling the retail price
OF coffee to the American consumer
and thereby laying a heavy tax upon
him. has developed what the Attor-
ney General regards M defect In the
xtill operative section OF the Wilson
tariff law dealing with combina-
government was unable to sccure a
temporary injunction restraining the
expectation Of 100000 bags OF cof-
fee, said to be stored in New York
City under the valorlzn;ion scheme.
the Attorney Gcnefa! recommends
the Wilson law. authorizing the SELF
ure by the government In the state
OF entry OF merchandise imported for
the purposes OF unlawful combinu-
lion. At present such commodities
must be In the courfc OF interstate
transportation to justify seizure.
The voluntary dissolution OF the
National Packing Company. follow
ing the acquittal ut Chicago Of the
beef packers OF criminal violation oi
the Sherman law. has accomplished
In the belief OF the Attorney General
"A substantial restoration Of compcti.
tive conditions In q very large indus.
try which have not for n long tim,
heretofore existed"
Objections TO the commerce court
In the Judgment Of Mr.. wickcrshnm
would be met by legislation fcuirInr
the Interstate Commerce Commission
to state In It's report. M basis foI
I,s order. the findings OF fact and
the reasons on which the order I,
based: providing that all finding oi
fact and conclusions Of policy appear.
Ing In the report shall be fina, and
conclusive. and limiting court review
exclusively to questions OF law aris
Ing upon the Commissions report.
Az n result OF the dccisIon OF the
Supreme Court holding that the Com.
mercc Court has no power to review
30 called negative" orders Of the In
tcrstate Commerce Commission. thu
Attorney General recommends tha
the law be amended no that the Com
merce Court Will have Jurisdiction I,
review all errors Of law In respect 4
orders OF the commission which deny
relief to shippers or others. Just n,
the court now has power to review
orders granting relief. The practical
result OF the presen, situation. h,
adds. is that relief against errors o
law by the Commission is limited &c
the railroads and denied 10 the ship.
pers.
l
the Lchikh Valley railroad Compan,
under the commodities clause OF tn,
Interstate Commerce Act. because O
is alleged ownership and transpor.
tation OF the coal OF the Lehigh Val.
ley Coal Company. the Attorney Gen
eral says that the subsequent actor
of the railroad company in organiz
ing the Lehish Valley Coal Sale.
company will be submitted to tn,
court soon to determine whether the
situation now satisfies the demand,
OF the law as interpreted by the Su.
preme Court"
THE situation is." he continues
that coal which is shipped over tn
Lehigh Valley Railroad Is mined BY
the Lehigh Valley Coal Company, ali
OF whose stock is owned by the rail
road company. and is sold at the
breakers to the Lehigh Valley Goa
Sales company. all Of whose stock ha,
been originally issued to and distrib
uted among the stockholders OF the
railroad company, pro rata. hui
which company has separate office!
from the railroad company. and sep
arate directors, and whose stock may
be sold by the stockholders without
regard to their continued holding
OF cstok In the railroad company
BY this arrangement both the rail.
road and the coal companies seem tc
have parted in goo dfaith with title
to the coal before transportation be.
gins and 1t is claimed therefor tina,
transportation is free from the pro.
hibition Of the commodities clause a.
construed by the Supreme Court"
The Attorney General announce.
his intention OF soon filing suits In
equity against the Southern Pacific
Railroad company and others for the
recovery of vast areas of petroleum