Evening journal., 1916-07-28
II

Broadly speaking. the bill purports I
explicitly to extend much Of the pol
lev OF our antitrust laws TO the cora-
mon carriers Of our sea borne COM
merce. say explicitly" because
the antitrust act embraces our for
eign commerce in general terms,
though Il is noteworthy that thus far
there has been little effort and less
success in applying to ocean carriers
the restrictions which have been en-
forced upon industrial concerns.
Besides attempting to carry our an
ti-trust policy over to ocean transpor,
tation Congress would by this bill
attempt TO regulate common carriers
bv sea much as it regulates those by
land.
The first care of a legislature in
| considering a statute is to be sure
that it has over the subject matter
( sufficient Jurisdiction (or sufficient
influence. which may, as we shall
see. be a quite Independent thing to
promise an effective operation OF the
law.
A legislature may subject water
company or a railway company 70
stringent regulations as a public
utility" Zach rules a thing which
cannot escape and which, whatever
happens. may somehow be continued
in the public service. How relatively
precatious is legislative jurisdiction
over the so-called public utilities o
the ocean-over ships that may treel'
discontinue a public service, ma
freely move to another flag?
A merchantmen is, IN home water
and on the high seas, within the ful
) jurisdiction Of the state whose flag
, flies. Entering the home waters
another State It may be subjected
certain local regulations. In thes
70 circumstances IL is evident that h
l degree of power a country's laws ma
exert upon sea transportation d
pends Immediately upon the size
it's own merchant fleet upon q
+ range Of its complete jurisdictiC
J. measured by tonnage
Were jurisdiction Of ships the sol
and il is the primary and, commonl
the principal basis Of ocean transpo
&c tation. the insignifcarce of the Anne
lean merchant fleet would discre6
the high sounding pretentions Of I
hill But II a nations fleet be
small TO permit its peculiar sea la
to count for much in the worl
trade. its products may have a pow
rs of attraction that will draw torei
m sbips TO its ports despite onerc
IL regulations that would otherwise
pei them.
How stands the United States
ay this regard? VIII the magnetic
rs. nuence of our products automa'
,f- allv irresistibly expand our fore
trade however burdensome our sf
ping laws? Are We so hypnotized "
,ss "war orders" even now shrinking
ch belligerents increasingly provide
49, themselves. that we fail to fore
the troubles ahead?
For every nation there Is ind
an what may be called an irreduc
of minimum of export trade. Our
lr- imun, must ever be written IN ls
eaures but contentment with
. minimum. however big in III
would mark the decadence OF
enterprising spirit which alone
expand our export trade and CT
a merchant marine.
III
not The bill autnorizes tne ooai
spend not more than $50 O'Ooo'oo'
buving or building merchant 5
,ha available for use as naval auxl
- les; to sell. charter, or lease I
10 private parties; or 10 form on
more corporations TO operate N
and Taking for granted, as ] think
ved NAV that the entire sum Of $50
ms 600 will be spent for ships. what