The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1912-12-12

ehN sNA~bAG " NlS- ~ fSEAIueHt III iue
state of entry OF merchandise i'm
ported for the purposes 0. unlawtai
combination. At present such com
modities must be "a 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
fpetitive conditions in very large
industry which have not for long
time heretofcre existed"
( Objections TO the commerce court
n the judgment of Mr.. Wlckersam,
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
findSag of fact and conslusions OF
policy appearing in the report shall
be Anal and Conclusive; and limiting
court review exclusively to questions
of law arising upon the commits
sion's report.
AS result of the decision OF the
supreme court holding that the
commerce court has no power to re-
view 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 will have
jurisdiction to review all errors of
law in respect to orders of the com
mission which deny relief to ship
peEs and 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 the relief aga INST err
rors 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 coal
OF the Lehigh Valley Coal Company,
the attorney general says that the
organization by the railroad COM
pany OF the Lehigh 2 Valley Coal
Sales Company seems TO satisfy the
demands of the law as interpreted
by the supreme court.n
The situation is" he cont nues,
that the coal which Is shipped over
the Lehigh Vale. railroad is mined
by the Lehieh Valley Coal Company,
all of whose stock s owned by the
railroad company. ana is sold at the
breakers to the Lehigh Valley Coal
Sales Company, 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 Of
fees from the railroad company,
and separate directors, and whose
stock MAY be sold by the stockhold-
ers without regard To- their con-
tinued holding of stock in the rail
road 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.
therefore. such transportation
would seem to be free from the pro-
hibition 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 petro-
leum bearing lands in California
said to be worth more than $780,
100000. The legislation under
which the patents were granted to
the railroad company he says ex-
ceDted mineral lands and other iron
or coal lands. The railroad COM
pany contends. according to the at
tor1ey general, that the exceptions
in the patents are void,
To investigate and preserve the
rights of the government to the
sources of water supply for the
stupendous reclamation protects
constructed or in contemplation.
Mr.. Wickersham strongly recon-
mends an appropriation to employ
an adequate force of lawyers. Point
ing out that innumerable claims in
evitably will be lodged against the
government, contesting its right to
select water courses, he says the