The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-01-08
To Be Formed for Purpose of
Controlling Big Business.
TO Be SEVEN MEMBERS
Serve Terms Seven Years
Removable for Cause.
Given Powers of a Comptroller
Over National Banks.

- -. IoIlSlOWs OI hdnSdS, mas lnIrO-
duced bill in the senate creating an
industrial commission. The brief out
line of the bill was carried in the news
dispatches of all papers. The measure
is important enough to warrant pub
lication of its details. The commission
is to consist of seven members. They
are to be appointed by the president
and subject to removal by him for in
efficiency. neglect of duty or lnalfeas-
ance in office. The term of the office
is seven years. In statement issued
by the Kansas senator he denies the
powers and duties of the commission
as follows:
1.-The bill further provides for the re-
moval by Congress of any commissioners
by vote of three-fifths of each House.
This is to be a congressional commits
sion of the same nature as the Inter
state Commerce Commission, and, since
it is created to carry out the policy
and intention of Congress- according to
rules which it prescribes, it seems to
me that Congress should nave the pow
er to remove the commissioners IL they
fail to properly discharge the functions
of their office. This proposed policy
may meet opposition because 1T is an
innovation, but, in my opinion, 1t is
not only reasonable but desirable. 1t
may be argued that Congress might
act from partisan motives. as 1t ire
quently does In determining contests
for membership in it's own body. but
the bill provides that the vacancy
caused by a congressional removal is
to be filled by the president in the
usual way so that while Congress can
create a vacancy it can not fill it. That
duty is left with the president, which.
in my Judgment, would make removals
for partisan purposes improbable. They
would be no more likely to occur than
if removals were left wholly in the
hands of the executive.
1.-THE first II sections of the bill pro-
vide for the organization of the COM
mission, define the scope of its opera
-tions and give it the authority to Sc
cure the information necessary to carry
out the purposes for which 1t is created.
The bureau of corporations Is merged
into and made a part of the commits
sion The commission Is given au-
thority over every person, firm, CO.
partnership corporation, or Jotnt-stock
associat ton that is doing an Interstate
business whose gross receipts exceed
So 100000 per annum, and 1t is gwen
authority to investigate the financial
conditions business operations, ana
mana cement of all such concerns IL
can require of them any information
which it deems necessary for the proper
discharge of its duties, and any one
refusing to comply with such demand
is liable to punishment To make a
false report to the commission or 20
knowingly give it false information Is
made a penal offense.
section 13 is intended to prevens
the watering of stock, and requires
that within three years the water De
squeezed out of existing overcapltai-
lied industries.
.'Section IA limits the fees that may
he maid to promoters for merging
smaller corporations into larger ones;
and is intended to prevent the eViI
practices so common in TINS character
of corporation combinations.
''Section Is declares that any con-
trAct combination in the form OF trust
or otherwise, or a conspiracy IN re-
straint of trade shall be presupeo 70
be unreasonable, and the burden OF
proof is placed on the corporation or
joint stock association to show tnat
such combination or agreement or
contract is not an unreasonable re-
straint of trade This is intended to
remedy as near as possible the evil
which grows out of the decisions OF
the supreme court IN the Stanuaru I'LL OIt
and Tobacco cases, wherein the court
legislated the word 'reasonaple into
the Sherman antitrust law.
Sections 16, II, Is and 19 def1ne
certain acts and practices that are
INDUCED in by corporations
in creating monopolies as unreason-
able restraints of trade and violations
of law.
its drastic power and
authorize it to investigate the opera
tions of any of these concerns doing
an Interstate business, and to find
whether or not they have violated the
provisions of this act or of any other
law of the United States against the
restraint of trade. The commission is
given authority to submit the result
of these Investigations to the depart
ment of justice for it's action or -
bring suits upon its own motion, eth
er in it's own name or in the name or
the United States; that is, the act con-
fers upon an Industrial commission
the authority over industrial concerns
that the interstate commerce commits
sion now has with respect to the rail-
roads.
THE commission can bring suits un-
der this law or under the Sherman
antitrust law, under any other law
of the United States that seeks to reg
uIate interstate and foreign commerce,
except an act to regulate commerce
approved February A. 1887, commonly
known as the interstate commerce act.
Any investigation in regard to the con-
duct of any one subject to the juriS-
iiction of tine bill may be made by the
commission either upon complaint or
upon it's own initiative, and if the con-.
mission finds that a corporation, CO.
partnership, firm, person, or joint
stock association is violating the pro-
visions of this act. or any of the laws
relating to the restraint of trade other
than the interstate commerce law re-
ferred to, it is directed to order such
concern to desist and prescribe rules
for it to follow in the operation of its
business. If the party continues to vi
plate the law. fails to obey the or