Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-12-05

sO-called negative" orders or the IN
lterstate commerce CON mission. the
attorney general recommends that
the commerce court viii have juris'
diction to review all errors OF law IN
respect to orders Of the commission
which deny relief to shipper or 9th
ers, just as the court now has power
to review orders granting relief. Inc
practical result of the present situa-
ton, he adds, Is that relief against
erro OF law by the commission is
limited TO the railroads and denied 10
the shippers.
Suits Against Railroads.
In connection with the suit against
the Length 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 organization by the rail-
road company OF the Lehigh Valley
Coal Sales company seems to satisfy
the demands of the law as interpret.
ed 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 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 distrib-
uted among the stockholders OF the
railroad company, pro rata, but which
company has separate Offices from the
railroad company, and separate direc-
tors, and whose stock may be SOLD
by the stockholders without regard to
their continued holding of stock in
the railroad company. BY this ar
rangement 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 prohibition
of the commodities clause as coa-
strued 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 petroleum bearing
lands in California, said to be worth
more than $500, 900 700. 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 railroad
company contends according to the
attorney general, that the exceptions
in the patents are void.
To investigate and preserve The
of the government to the
of water supply for the stu.
pendous reclamation projects con
structed or In contemplation, MI.
Wckersham strongly recommends an
appropriation to employ an adequate
force Of lawyers. Pointing ont that
innumerable claims ineyitablySwin 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 tho success of these enter
prises and the honor OF the govern
ment demand Immediate action.
Departmen4S6 AsytsSF essss.
The department Of. Justice. fncludA
ing the Offices Of attorney general and
all the United States; attorneys, has
been on a paying basis during Presl'
dent Taft's term of Office. according
to figures submitted in the report, a
surplus of nearly $2,50O,oo0 over ex-
having been turned into the
federal treasury. For the four years
ended June 80, last, the department
collected $11, 212t459 through suits and
co compromises. and expended $685.
$50. The collections for the proceed.
ing four years amounted to $3,597.442
and expenses $685. 1913. In addition,
the government recovered during the
past four years $1,623,119 acres or
lands.
ZIG SURPRISE TO