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About The commoner. (Lincoln, Neb.) 1901-1923 | View Entire Issue (Aug. 16, 1907)
r'wp " AUGUST, 1C, 1907 The Commoner. I f, I I docs so pass the r - - f ; - en it is interstate commerce, re gardloss of whether the rails over which it moves bo operated by one or many carriers. "And when this commodity begins to move interstate commerce has begun, and interstate commerco it continues to be until it reaches its destination. If in such continuous line there bo a road lying wholly within a county in a state, the carrier operating such road, in re spect to the movement of that commodity, is engaged in interstate commerce, as clearly as if its line extended from the origin to the destina tion of the shipment, and is therefore as to such transportation subject to federal control. To adopt the views contended for by the defendant, namely, that congress may prescribe the rate which the shipment must pay for the movement from Whiting to Chappell, and from EaBt St. Louis to St. Louis, and that the legislature of Illinois may prescribe the rate effective on the link connecting these two ends of the route traveled by the commodity would be to create a situation impossible in practice as it is illogical in theory. As to Lawful Rate "It was insisted by the defendant that the evidence did not show any common arrange ment between the Chicago and Alton and the Chicago Terminal companies for a continuous carriage from Whiting to East St. Louis, as charged in the indictment. This evidence did show the fllingand publi6ation of a joint tariff schedule of the Chicago and Alton and Chicago Terminal companies, putting in force from Whit ing to East St. Louis the eighteen cent rate, shown by the tariff twenty-four to be the Chicago-East St. Louis rate. Further-more, these two companies maintained a joint agency at the intersection of their roads at Chappell for the transaction of the business of both at that point, which consisted largely of the Standard Oil traffic from Whiting to East St. Loujs. In addi tion to this the evidence shows the movement of defendant's property by the Chicago Termin al company, that company not looking to the defendant for its compensation, but relying sole ly upon the, Alton company therefor. The whole course of business from the publication and filing of the joint schedule to the payments of the freight charges conclusively shows that these two companies were operating under a common arrangement for the transportation of this property. "The defendant also contends that inas much as tire name Chappel does not appear on the schedules there was no lawful rate between Chappell and St. Louis. The evidence "does show, however, that tariff twenty-four named the rate to East St. Louis from Chicago and subur ban stations within the Chicago switching dis trict, including the station immediately beyond Chappell from Chicago. Moreover, on the face of the Alton-Chicago Terminal joint schedule ap peared the following: 'Agents are strictly pro hibited from quoting or using a higher rate for a shorter than for a longer distance over the same line in the same direction, the shorter be ing entirely included within the longer distance.' This would seem to clearly exhibit the rate from Chappell. Certainly it would be ample, and to no extent misleading, notification to any ship per consulting the schedule in good faith to learn the lawful rate. "The defendant claims that the evidence fails to sustain the charge in the indictment that the Alton company was engaged in the trans portation of property from Chappell to St. Louis, and that it had published and filed tariff sched ules showing the rate in fcrce between said points to be nineteen and one-half cents. As before observed, the Alton company published and filed tariff twenty-four, showing a rate of eighteen cents from Chappell to East St. Louis. The evidence also shows that the Alton company procured copies of the tariff schedules of the St. Louis Terminal company, showing their rate to be one and one-half cents from East St. Louis to St. Louis, and filed these schedules in Its own name with the interstate commerce commission, distributing the same to its freight agents, where they were kept for the use of the general ship ping public. Having thus published and filed the rate covering the entire route, and having actu ually seen to it that the property reached its St. Louis destination, as its general charter pow ers authorized it to do, and as the defendant looked to it to do, and paid it for doing, the court is of the opinion that the evidence clearly shows ,that the Altpn company was, possessed of a railroad rpute from Chappell to St. Lpuls, over which it had established, a rate .for. the. transpor tation of oil as required by law. "If a carrier enters the field for traffic des-' tined to points beyond its line, and a shipper turns his property go destined ovor to it, such transportation is as clearly subject to the re quirements of the interstate commorce law as would be the caso if the carrier owned and oper ated the lino through to destination. MIn tho abscenco of a formal agreement establishing a joint through rato effective ovor a through route made up of tho connecting lines of more than one carrier, tho lawful rato in forco over such through route is tho sum of tho local rates lawfully established by the several connect ing carriers over their respective roads. Traffic Not Immmu "The Alton company and tho St. Louis Ter minal companies had no joint through agree ment, as at their election under the law they might have had. However, it would be wholly inadmissible to hold that the interstate traffic handled by them was immune from federal reg ulation merely because of this omission. "The defendant offered certain tariff sched ules as tending to show that during tho period covered by the indictment there was in force by the Chicago and Eastern Illinois railroad from Whiting to East St. Louis a rate on oil of six and one-half cents, which it was claimed, owing to certain terminal charges at East St. Louis, to which the Alton traffic was subjected, was equal to the six cent rate via tho latter route. This evidence was offered to establish as ab sence of motive on tho part of the deXondant to accept an unlawful rate from the Alton, but was excluded by tho court as not being admis sible on the question of the defendant's guilt or innocence in accepting tho unlawful rate from the Alton company, tho court announcing that .if it should subsequently appear that there was in force such open, published, filed rato via the Chicago and Eastern Illinois railroad available to the general public, the fact would be consid ered by the court in mitigation of tho punish ment, Motive is not material in a caso 'where the proof is clear that it was defendant who com mitted the crime. Motive may be inquired into when necessary to determine tho ultimate fact, when In dispute, as to who committed the crime. Schmidt vs. U. S., 133 Fed., 2G3. (Continued on Page 14) NOT A MARKER Under tho headline, "The Biggest Trust Yet," the Wall Street Journal says: "What a trust owner does not know and what a trust buster does know about trusts would make tho biggest combination going." But it isn't a marker compared with tho size of the combination formed between what the republican party has done to the trusts and when the republican party will revise the tariff. t- SPECIAL OFFER Everyone who approves the work The Com moner is doing Is invited to co-operate along tho lines of the special subscription offer. According to the terms of this offer cards each good for ono year's subscription to The Commoner will bo fur nished in lots of five at the rato of $3 per lot This places tho yearly subscription rate at 60 cents. Any one ordering these cards may sell them for $1 each, thus earning a commission of $2 on each lot sold, or he may sell them at the cost prico and find compensation In the fact that he has con tributed, to the educational campaign. These cards may be paid for when ordered, or they may be ordered and remittance made after they have been sold. A coupon is printed below for the convenience of those who desire to par ticipate in this effort to increase The Commoner's circulation: The Commoner's Special Offer Application fer Subscriptien Cards Publisher Cohmonek: I am Interested In Increa. Ing Tub Commoner circulation, and desire you to send me a supply or subscription cards. 1 agree to use my utmost endeavor to sell the cards, and will remit for tliein at tlie rate of 60 cents oacli, when sold. 5 10 15 20 25 50 75 100 Box or Stxzxt No. P.O. .Stat. Indicate the number of cards wanted by marking X opposite one o t&a, numbers printed on end of this blank. ' If you bollard tho paper Is dolor a vrbrfc that trierits encourage ment, fill out the aboye coupon and mall It to Th Commoner, Iiincola, Neb 5 4 United States and Japan Tho following correspondonco is solf ex planatory: Toklo, Juno G, 1907. Mr. William J. Bryan. Dear Sir: I vonturo to think that tho narao of our papor, Tho Ilochl Bhlinbun, is not a stranger to any person Intorostod in Japan. Tho papor is Count Okuma's organ and has a circulation of a quarter million. Our rcadors tako great Interest in knowing the feelings and opinions entertainod by omlnont and distin guished persons in Christendom toward Japan and her pcoplo. Wo havo already commencod to publish replies which had already boon sont to us in rosponso to our first appeal, which was vory timidly mado at that timo. Tho readiness and promptitude with which our first appeal has been responded to, encourages us to mako a second attempt? on a largor scalo. What wo want Ib not moro Complimentary expressions un supported by sincorlty. Frank, honest and straightforward expressions of opinion on things Japanese are exactly what wo want. Any crit icism mado In a friendly spirit, will recolvo a hearty reception. I must not trespass too much on your valuable timo and should not expect any extended elucidation of your Ideas. A fow words from your pon in response to our appeal and for publication in our paper will no doubt bo very highly appreciated by tho public hero. With a thousand apologies for our bold ness to wrlto you an appeal, but trusting you will liavo understood our motive in so doing as attributable solely to our sincero desire to open an occasion for effecting a better under standing of ono another, I bog to remain. Yours respoctfully, K. MINOURA. P. S. Autograph letter will bo reproduced by photogravure like the inclosure herewith. Lincoln, Nob, August 6, 1907. Editor Hochl Shlmbun, Toklo, Japan. My Dear Sir: Your favor at hand and I take pleasure In re plying not only becauso of your paper's prom inence but also becauso it-is tho organ of Count Okuma with whom I bocamo acquainted while In Japan and whom I hold In high esteem. Our people entertain a vory friendly feel ing for tho people of Japan. Tho progress of your nation has boon watched with pride and satisfaction our interest being increased by tho fact that our example has had sonio influence In inspiring your development. I see no reason why tho two nations should not be mutually helpful and rejoice In each other's growth and prosperity. The inflamatory utterances attribut ed to some of your politicians have excited somo resentment here, but I am sure that tho sober judgment of both countries discountenances any thought of war. Neither government Is likely to do anything of which tho other can justly complain. If any of your citizens residing here suffer Injustice our courts are open to them, just as your courts are open to our citizens residing there. In matters of immigration each nation, of course, has and should exercise, the right to protect Its own interests, and I am sure that neither nation will impose restrictions except when those restrictions are necessary. Speaking as an American I am confident that such regulations as may bo mado by tho United States concerning Immigration will bo mado with a view to preserving amicable rela tions rather than with the thought of offending. It would be a mistaken kindness for either nation to permit immigration to such an extent as to raise a race question or to excite race animosi ties. Your nation has had experience enough in Korea and China to know that race prejudice is an element In human nature which can not be Ignored. Animated by a desire to do justico and sincerely anxious to be on good terms with all the world our nation will meet Japan in a spirit of candor, and I have no doubt that such differences of opinion as may lrom timo to timo arise will be settled to the satisfaction of bo.th nations through their diplomatic representa tives. Appreciating the courtesy you do me In submitting your enquiry I am with high regard Very truly yours, W. J. BRYAN. I A PERIV1ANENT HAGUE COURT The American delegates to The Hague con ference have scored a victory in securing the adoption of their resolution providing for the establishment of a permanent court at The Hague. This is In the interest of peace. i i 1 UmAarmM tatvgtfaJhyjU4 Jjqfa:a&W!jfc.tl& w. ug, ?, . ja- .jjmAjU' jkre ",iV,.-