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"
AUGUST, 1C, 1907
The Commoner.
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docs so pass the
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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-
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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
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