is TOO LINO KS- It now looks as
SUNTIALLY UNif the present war
LAWFUL ? wm SQ ellgrossho (
nttciition of congress that seine other
matters , in themselves of much import
ance , will not receive the attention
which' would otherwise be given to
them.
Among these matters is that of the
pending amendment to the act to regu
late commerce. If it could be supposed
that the absence of interest in this
amendment was the result of non-acti
vity of the part of the railroads , there
would bo little cause for concern , but
such apparently is not the case. The
railroads luivo for so long been in the
habit of appearing prominently in legis
lation in everything affecting their in
terests , that it would seem like an
abandonment of their principles to leave
such matters to the ordinary course of
legislation , relying upon the justice of
their case for success , and it is there
fore not to be supposed that the present
quiescent state of the bill is due to the
lack of such influences. It is rather
chargeable , as already indicated , to the
overwhelming interest in the Cuban
war and wliich is likely to sidetrack it
for some time to come.
In view of this condition , it may be
wise to raise the question if any im
provement in the present situation can be
accomplished by the railroads pending
the enactment of the much desired and
very necessary amendment to the act to
regulate commerce. Ten years have
now elapsed since that law went into
effect , and while some much needed re
forms in the operations of railroads have
been accomplished under it , it is doubt
ful if commerce as a whole has been
greatly benefited. Stability of condi
tions is the prime requisite for success
ful commercial operations , and it is an
open question if the law has not been
more operative to unsettle these condi
tions than was the practice of the rail
roads just prior to its enactment. At
that time railroads had learned that the
mutual interests of themselves and the
people were best served by a concert of
action and through the medium of as
sociations this result was being worked
out. But just then the law stepped in ,
and by prohibiting pools in specific
terms , as well as by the later construc
tion of the courts declaring illegal any
agreement for controlling rates , the or
dinary state of strife and uncertainty
was re-established. In fact , it is doubt
ful if at any time during the history of
our railroads commercial conditions
were more xmstablo than at present.
The Railway and Engineering Re
view is not an advocate of lawlessness ;
it rather goes to the other extreme and
upholds law as it exists , believing that
in the end the defective laws will bo
corrected. For that reason , it has for
years argued in support of the InterState -
State Commerce Law and it still be-
lievcs that in the main that legislation
was wisely conceived and has been ju
diciously administered. That the law is
defective in some A articulars in freely
admitted by all wlo know anything in
the matter , and that it will in the
coin-so o * time be reorganized is probably
certain. But it is a question if any one ,
particularly the railroads , would not
now be justified in seeking to restore
commercial stability by doing that
which the law ( unconstitutionally , as it
is believed ) prohibits , to-wit : The
practice of pooling not for the purpose
of maintaining rates and certainly not
for the purpose of advancing rates , but
with the idea of promoting equality of
service and charges , putting the com
mercial interests upon common footing.
It is believed that an arrangement
which should provide for pooling of
earnings on the basis of the lawfully
established rates for the purpose above
mentioned , would be sustained by the
United States Supreme Court. There
is no doubt but that , with the exception
of pooling , the matters treated of in the
act to regulate commerce are properly
the subject of governmental regulation ,
but it is difficult to understand upon
what hypothesis an elective disposition
of earnings can be prohibited. Railroad
pooling in its most simple form , would
dispose of money that has been earned
iu the lawful performance of a given
service after such money has been con
verted into the treasury of the party
performing the service. The law of
this country provides that in certain
cases a man cannot work but eight
hours a day , but it does not attempt to
say that having worked in a lawful
manner during the prescribed time what
the man shall do with the money he luus
lawfully earned.
No more is it believed that , when a
railroad , in compliance with law , has
performed a given service and has re
ceived therefor stipulated lawful com
pensation , the law can say what dispos
ition it may make of the money it has
lawfully earned. If it should elect to
use money from its treasury to pay foi
the road of a competitor no one would
think of objecting , but when it takes
any portion or the same money , am
pays it to the same competitors for the
purpose of making up to it an amoun
to which it is admittedly entitled , but
for any reason did not get out of the
traffic , the cry of fraud is at once raised
Just what method of procedure wouh
be best under the circumstances whicl
are herein sot forth is not so easy of do
lineation. It is possible that , as ii
many other cases , the direct course
would be productive of the best result
and that it would bo well for some roads
to form a pool on certain traffic , setting
forth the purposes as heroin outlined
and send a copy of the agreement to the
Inter-State Commerce Commission fo
such action as it thought proper. If i
H 1
hould eventuate that the Supreme
Court uphold a contract of this kind as
lot unlawful , it would relieve much of ?
; ho pressure that is likely to bo urged
against the proposed amendment to the
act to regulate commerce.
Hitherto we have , as a matter of pol-
cy , advocated compliance with the law
s it stands , with the expectation that 1
congress would have ore this taken the 1 ?
uiti-pooling feature from it. It may bo
ihatsuch would still bo the wiser course ,
but it is at least worth considering if the
nore radical measure above suggested
would not inure to the benefit of. all
concerned. .
The London Economist , without pro-
'essing particular concern for our future ,
or assuming to advise us , points out
what wo involve ourselves in if wo un
dertake to acquire remote territories.
Commenting 011 the annexation of Ha
waii , it remarks that it is , for good or
for evil , a revolution in American his
tory. The annexation of alien peoples
over-sea and unfit for self government is
not in harmony with the spirit or letter
of our institutions. That is a plain mat
ter of fact. "Either unfit and semi-
savatro neonle must bo endowed with the
same rights as those held by American
citizens , or they must be helots ; they
must bo a nula indirjestarjne moles , gov
erned against their will by officials whom
they will probably hate , and so forming
a new class outside the true life of the
republic. " Add to this that if the
United States interferes in European and
Asiatic affairs , "Europe must and will
interfere in American affairs , North and
South. " Biit no nation can sit down
at table with the great powers of Europe
without being heavily armed. After
the civil war was over , our immense
armies were disbanded at once ; but if
wo seize possessions over-sea wo cannot
disarm. "At any moment a dangerous
revolt might arise in regions far away ,
or an indiscreet official might involve
the American government with the
powers of Europe. " Hence wo must in
crease taxation to maintain these forces ,
and the powers of the control govern
ment must be enlarged. Against all this
is to bo offset a possible increase of trade
with China. It is for the American people
ple to decide if the possible gain is worth
a revolution in their system of govern
ment. The Nation , July 28 , 1898.
Wo are in receipt of No. 1 , Vol. 1 , of
THE CONSERVATIVE of Nebraska City.
This paper is edited and owned by the
Hon. J. Sterling Morton. This , the
initial number , is full of good things and
shows that Mr. Morton has an earnest
desire to bettor the condition of his fel
low men , to improve local laws and re
form political abuses. In this Mr. Mor
ton will receive no assistance from the
average politician for with the carrying
out of his ideas their occupation would bo
goue. Syracuse Journal.
