The Omaha Daily Bee
The OMAHA DEE
goes to the horm'-s Is road by the
women sells goods for advertisers.
EDITORIAL
PAGES 11 TO ta
VOL. XXXIX-XO. 154.
OMAIIA, SATURDAY MORNING, JANUARY 8, 1910.
SINGLE COPY TWO CENTS.
5m
Hosiery, Underwear, etc., at Clearance Reductions
The month's best sales in Hosiery, Underwear, Gloves, etc., are chronicled
here. The stocks are top heavy and no time like the present to reduce them. The
identical goods we have carried in regular stock at established prices all season
axe now sharply exit. An important clearing on the very things you need NOW.
In addition we offer double S. & H. stamps in these departments.
Decisive Glove Reductions
TTTs T72 TTT TT71 IP'iiTilSTl
KflEM
J Annual White Carnival Muslin Underwear, IB Jr
j lfif I Embroideries, etc., next Monday. JPbvf
ice I
Unmistakably Our Greatest Garment Clearance
The entire second floor garment sto'ks are involved-2,000 or more excep
tionally beautiful Winter Suits, Coats, Dresses- etc- for women children "e
almost unbelievably price reduced. Whoever your needs by all means come to
Bennett's. The garments measure up to highest standards of taUor and fabric
art at smaller cost to you than desirable have been known t0 seU f or in
Omaha.
Women's English Cape Gloves, $1.25 regularly,
for G9
Soft Gauntlet Gloves, kid lined, $3.50 regularly,
for 81.39
HOSIERV 16c black and ten cotton hoBe, now
for 10
35c Imported Lisle Hose for women 25
COc Gauze Lisle Hose, garter top, to clear 35
Children's 15c Fleeced Stockings, sale price 10
I'XDEKWEAK Fleeced 35c Vests and Pants,
for 25
Extra size 75c Vests and Pants, for 4f
$1.00 Wool Vests and Pants, grey only, for 79o
1 25 Cotton I'nlon Suits, extra size, each 690
HAKDIXBCKIZrS 16c all linen Initial Handker
chiefs, for 7a
25c all linen embroidered Handkerchiefs, for . ...16o
Hen's 1- Underwear 95c
A January clean uy of very nice wool plush
Attirts and drawers for men; about 10 dozen
only. They' roine in tan shades, and are
extra heavy 'and warm Our finest nr.
$1,150 garments, for HdC
Rockford Socks; extra
heavy, 15c quality
3 pairs for
25c, pair . . .
9c
Men's Sweaters; roll
neck; blue, rod nnJ
gray worsted; were
$2. CO and $3,
to clear ....
.1.50
Neck wear -50c fancy
four-in-hands, revers
ible and flowing end
styles,
for ......
Flannel fthirts Very
firfe materials; all
. colors and sizes to 17
pure wool in var
ious weights,
at
29c
2.15
All iMen's High Grade Caps at Half Price
Bennett's Big Grocery
Capitol
$1.65, and
Bonnett's
Flour, sack
. ou mninpn.
Bennett's Best Coffee,
three pounds fori 11.00,
and 100 stamps.
Bennett's Best Coffee,
one pound for S6c, and
30 stamps.
Bennett's Teas, ai
torted Teas, pound 88c,
and 70 stamps.
Tea Slftlngs, pound
package 15c, and 10
stamp.
Best Cheese, pound
COc, and 10 stamps.
Virginia Swiss Cheese
pound .6c, and 10 sTps.
Bennett' Capitol Oats
Wheat or I'ancake' for
lie, and 10 stamps.
Bennett's Cupltol Bak
ing powder, pound can
He, and 20 stamp.
Hortnott's Capital Mince
Meat, 3 pacKageB, for
25c, and 111 "lamps.
Swar.sdown Codfish, S
package for 25c, and
iu stainpi.
Hartley's Pure Fruit
Jams, Jar for 25c, and
HO stamps.
rjap Hose 'Toilet Soap
4 cukes for . .aso I
for -i .1c'
Snlder's Tomato Soup,
large fun for 20c, and
20 stamps.
Iten'a Oyster or Soda .
Crackers, 18 lb. box
for $1.15. I
JapRlce, four pounds
for l!6c. and 10 stamps.
Asparagus, Beauty
brand, 20c cans for 15c.
Smalt Sour Pickles, a
dozen 5c.
Our
i i "
L K ?
'! J- yl
i , .V .
MM
Sig Twice-a-Year
MEN'S
SUIT
Clothing
S at HALF
i
Clearance
There's a bewildering amount of clothing bargain talk In your paper today. Immense space
and three story type is employed to make an "Impression." '
If you are going to judge the bigness of the Dennett values by the size of our announcement
you will be misled badly mistaken.'
This, is our big twice-a-year clearance. The best clothing sale llennett's ever make. Had we
used this entire page we could not have said more to make the offerings stronger. . It's going to be
a sale that will be a credit to this store and to your own judgment if you come here. Over 500
handsome winter suits' are going to sell at half price They are smart, genteel, hand tailored
models, in medium and dark colors and refined patterns, such as exacting men always choose. Not
one of these splendid suits ha been here over 60 days. It's no stretch of the Imagination when we
say HALF PKICE now. We believe every man's common sense and Intelligence will tell him no
store could do more. Every purchaser will have the firm conviction and the satisfaction that he
got the best and biggest value for his money that It is possible to obtain in Omaha.
Every Han Can Be Fitted Sizes 34 to 48
$30.00 Suits... $15.00
$27.50 Suits.
$13.75
$25.00 Suits.. .$12.50
JL TD"OTP17
2 ,1 AVAlJLsf
$22.00 Suits... $11.00
$20.00 Suits... SI O.OQ
$15.00 Suits $7.50
t i v t
. IMA . : f 1 UK . ft
Men's Swagger Three-Quarter and Full Length Overcoats at Half
7-
$25 $
O'coats
for Ji
This Is a representative assortment of the year's best
styles, embracing Kersey overcoats. In black, oxford, tan,
.green, brown, In plain shades and dtrlpes with velvet collars,
and fancy Scotch materials with combination (or two-ln-one)
and regular collar styles.
$15 $
O'coats
for
Note These Clearing Bargains:
one-piece Iressps. up to $30.00
Women's
now at
Women's $30.00 Long Coats, in black
new styles, ni
Women's $25.00 XI
cloths, nt
Iong Conts,
Sweet Mixed
quurt for 20c,
stamps.
Pickles,
and 10
Beans, six lbs.
California Prunes
12 Vic ,uallty for 8c.
Double
3 m nutated
stamps
Sugar.
Diamond S Chill Sauce
bottle U'ic, and 10
slumps. .
Beans, "Best We
Huva brand. fancy
French String Beans, 26c
quality, can lou.
10c bottle
while supply
for 1 5c.
Olives
lasts, i
OUv Bala
Olives, large
D8o size, for
Queen
bot
een
He.
660 I
Meat Market
Bennett's market cuts your house
keeping expense to the minimum Lowest
prices on choice fresh meats in all Omaha.
Boast -
shou-lb
Pork
pork
lder,
rail Lamb
Bennett's
price, lb...
Loll Lamb
Kioln, per
lb
Fresh
...101c
Kegs
...10C
Chops
..mc
Boast
.I24c
Boast f
7c
lamb CThops Shou
lder, per IAii
Prim Bib
All bones
out, lb
Choice Pot
Special, per
lb., 9o and.
164 c
lb.
Lamb
lder,
lb...
Boast Shou-
74c
Pall Lamb
btew, 4 lbs. .
25c
Calnmot Rams, every
one select, well
trimmed, sugar
cured,
pound. . . ,
And 30 Stamps Each
Ham.
Ctidahy's Baoon, su
gar cured, 6 to 7
pound strips by
ib.e.".t.r.,f:..,..164c
Korroll's Zowa Par
Lard, 10-lb 1 7C
palls for
And SO Stamps.
Oranges
Extra fancy "SUN
K1ST" Washington
Navels, 40c Jft
slxe, per dos....
Including 10 Stamps.
Women's Home Cook Books
y A big collection
y -
f3.t- HOME
cook a
Wm BOCIC
of practical recl
p e s contributed
to. "Good House
keeping" j maga
zine. Now in book
form. Thousands
of housekeepers
will want it in
book section
'49
Fruits
Larje Florida
Grape Fruit
Extra fancy large Bananas, dozen
California Cauliflower, lb
Large Leaf Lettuce, 3 for
Jersey Sweet Potatoes, peck
Fine Seed Cabbage, per lb
4 for 25c
. .15o
. .100
. .lOo
. .30o
.80
Base
ktiraeri a
Heaters
January Clearance
Base Burners, Heaters, Ranges
Profit by our liberal reductions
These are staves of standard make,
known throughout America as the best.
Still a good range of styles for buy
ers who come early. -;'
20CHia?ioOII
Lisk Wash Boilers
Here's an attractive sale proposition
Y)p can buy. no better boilers than
Lisk boilers. The reduced 'prices are
very interesting ' ,
All ! 14-os. Copper Bottoms.
$1.75 'Lisk Boilers, sale price .' 11.33
$2.00 Lisk; Boilers, sale price .91.45
$2.25 Lisk' Boilers, sale price ..... .11.60
$4.00 All Copper Lisk Boiler, for ....83.75
H. O. E. Sad Irons, worth $1.35 set, . .980
Mrs.. Potts' Had Irons, worth $1.10 set BOO
Galvanized Wash Tubs, usually 66c, at 39o
Galvanized WbhIi Tubs, usually 76c, at 49o
Galvanized Wash Tubs, usually 85c, at 68o
Corsets for Saturday
98'
$1.50 Corsets for 08c Again .Saturday.
They are made by one of the best
known makers in this country. From
a style standpoint they are all that
could be desired. New, clean and
fresh; firmly boned and nicely trim-
. med. The materials are very sub
stantial. Any woman with
a corset need will be glad
to pick so good a bargain
all sizes
Also a small lot of good dollar corsets
we are clearing up on will be a third
off or .... . . -69
' Marshmallows 10c
Delicious vanilla flavor; full size, 20c
box, Saturday for 10
llennett's Special Chocolates Hand
rolled; the 60c Q,
quality, lb. T
values.
18.50
and colors,
818.50
beautiful black broad-
815.00
U'lnl.r Suit rhnlre of nnv UD to Ihii.li",
for. each V.V A85-0?
Women's Winter Coats; very larg line; $35.00 and
J 45.00 garments, at 885.00
Women's Handsome Cloth Dresses, richly designed.
up to $50.00, for 8M.00
Misses' Coats and Dresses, 13 to 17-yenr sites.
fine, $15.00 values, for 85.00
Women's $ii5 00 and $'J9.60 Tailored Suits, rertm-ert
to clear, at ,.818.50
Women's $20.00 and $22.50 Tailored Suits, nil at
one price now 815.00
Women's Fur and Fur Lined Coats, sale rrlce OTP
Olrls' Long Coats, 6 to 14-year sizes, worth to $5,
now at W-8
Olrl'a Long Coats, t to 14-year sizes, worth to $,
now at 86.00
Girls' Long Coato, 6 to 11-year sizes, worth to
$1S B0, now at -B0
Children's Long Coats, 2 to d-year sizes, worth to
$10.00, now nt 85.00
Women's Mesallno and Taffeta Silk Waists, IS 00
kinds, now for 84.98
Women's two-piece Suits; black and colors, up to
$20.00. now for 810.00
Women's one-piece Dresses and College. Style', up
to $25.00. now for 810.00
Women's Heavy Funcy Mixture Coats, $12.00, $15. 0U
and $17.60 values, now for 85.00
Girls' Peter Thompson Dresses and Cloth Coats.
up' to $15.00, now for 85-00
Girls' Junior 8ulta, two-piece styles, $15.00 val-'
ties, now for 85.00
Infants' Felt Bonnets, a verv fine assortment Vi OPr
Odds and Ends Waists; tailored and lingerie, $1 26
and $1.50 kinds, now for T5o
Mink Furs; genuine northern mink Va OPP
Clearing Men's Shoes
Ridding the stock of all the broken lines of
$3.50 and $4.50 shoes for men; patent colt.
patent kid, vici and box calf The
January markdown makes them...
Another lot of men's shoes in small sizes only
Douglas $4.00 shoes marked f F
to close, at 105
91.85 for Woman's Shoes Saturday choice of six
excellent styles In button and lace, In gun metal
and patent colt. These are the usual $2.60 I nc
and $3.00 shoes. January Clearing price. . . , 'J
Broken Lots Woman's Shoes From $3.50 lines, but
ton and lace shots not all sizes In every, lot, but.
ail can be fitted. All f QV
s
2.75
big bur gains
Dorothy Dodd
Shoes, all si
best $3.50 quality.
Kisses' Shoes,
-with hea
11 H to
$2.00 shoes,
Children's Shoes
table, all $1
ltlcs, for .
Boys' Shoes,
pairs box ral
8 h T e e, a 1
good, but
lots, $1.50
$2.00 values
at 81.
rit soots,
for men
one & two
buckle, roll
edge, $3.2'
kind, 81.8C
Street
Calf Streot lt'tVl B
and widths. I H
lm. .If nr4 II V f r.t-J 11 N
, ...... ....... i., ; jvv vMi n
y soles for school aB,,;MS' J I 8
2; our $1.60 and 'jk 7IM?ff B
at 98o myMiui a
W Ulid $1.25 qUal"U I A
3BSBBSSS3
BB3EHBS9
President Taft's Message to the Congress on Railroads and Trusts
WASHINGTON, Jan. 7.-Followlng is the
text of the president's epeelal message on
the Interstate Commerce and Anti-trust
laws submitted In both houses of congress
today.
"To the Senate and House of, Representa
tives: "I withheld from my annual message a
discussion of ne-ded legislation under the
authority,, which congress haa to regulate
commerce between the states and with
foregn countries and said that I would
bring this subject matter to your atten
tion later in the session. Accordingly, 1 beg
to submit to you certain recommenda
tions as to the amendments to the Inter
state commerce law and certain consider
ationa arising out of the operations of the
aAU-trust suggesting the wisdom of federal
(uvotpuratlon of Industrial companies,
t Interstate Commerce Law.
'In the annual report of the Interstate
Commerce Commission for the year 19u8,
attention Is called to the fact that be
tween July 1, 1908, and the close of that
year, sixteen suits had been begun to set
aside orders of the commission (besides one
commenced before that date), and that few
orders of much consequence had been per
mitted to go without protest; that the
questions presented by these various suits
were f undamenal. as the constitutionality
of the act itself was an Isbus and the
-iKht of congress to delegate to any trib
al authority to estubllsh an Interstate
was denied; but that perhaps the most
vi h practical question raised concerned
tent of the right of the courts to re-
orders of the commtsblon; and It
wii out that If the contention of
gi's In this latter respect alone
This d. but little progress had
of tw6;h Hepburn act toward th
black enton of Interstate transpor
apart, wl in twelve of the cases
vertical pc. stated, preliminary In
conliiie theVed for, being grunted
asbestos. in six.
There are tfirst been well under
angle, upon Wrimlsslon, " 'that the
are placed, but act as a regulating
Is lighted, the hy upon the facility
so that each pot injunctions could
equal amount otroa4 company by
on or two vebill of complaint,
time a damper tfidavlts, can ovrr
hole or holes. of patient lnvestl-
The contrlvancory result can be
healing Irons. O loses nothing by
evenly heated fr. if they fall. It
Broll'.ng and to aatabllah the rate
over the cooker 'tn difference be
ing. It la said., 'collected and th
The prlr is $1 to be reasonable.
Then thr I Jiy profits. It can
seldom which certainly turn mor than a
fraction0"1 !' duv;hrges collected." "
CP- mwnnaJ c-r
t on could
"In it r operatV 1M' ,n com"
mission shi up anJ , the seventeen case
jroferred to is nereas 'report, only one had
BLoen decide a to cy. suprem court of th
United Stai uvnough flv other case
had been a wn i and submitted to that
tribunal In '.ober, 1M8.
In pu.
"Of cotlrse, every carrier affected by an
crder of the commission has a constitu
tional right to appeal to a federal court
to protect It from the enforcement of an
order which it show to be prime facie
confiscatory or unjustly discriminatory In
Its effect; and as this application may be
made to a court in any district of th
United States, not only does delay result
In the enforcement of the order, but great
uncertainty Is caused by contrariety of
decision.
"Th question presented by these ap
plications are too often technical In their
character and require a knowledge of the
business and the mastery of a great
volume of conflicting evidence which Is
tedious to sxanitn and troublesoma to
comprehend. It would not be proper to at
tempt to deprive any corporation of the
right to the review by a court of any order
or decree which, if undisturbed, would
rob It of a reasonable return upon Its
Investment or would subject It to bur
dens which would unjustly discriminate
against It and In favor of other carriers
similarly situated. What Is, however, of
supreme Importance la that the decision
of such questions shall be as speedy a
the nature of the circumstances will admit.
and that a uniformity of decision be se
cured, so as to bring about an effective,
systematic and sclentlflo enforcement of
the commerce law, rather than conflicting
decisions and uncertainty of final result.
Favor (osrt of Commerce
"For this purpose I recommend the es
tablishment of a court of the United
States composed of five Judges designated
for such purpose from among th circuit
Judge of the United Stales, to be known
a the 'United State court of commerce,'
which court shall be clothed with exclusive
original Jurisdiction over the following
classes of casts:
"1. All case for the enforcement, other
wise, than by adjudication and collection
of a forfeiture or penalty, or by Infliction
of criminal punishment, of an order of the
Interstate Commerce Commission other
than for th payment of money.
"2. All cases brought to enjoin, set aside,
annul or suspend any order or requirement
of the Interstate Commerce Commission.
"$. All such cases a under section t of
of th act of February It), 'IMS, known a
th 'Klklns act,' ara authorised to be main
tained in a circuit court of th United
States
"4. All such mandamus proceeding as
under th provision of section 20 or section
23 of the Interstate commerce law are
authorised to be maintained In a circuit
court of th United State. .
"Reasons precisely analogous to those
which Induced th congress to create the
court of custom appeal by th provision
In the tariff act cf August $, lt, may be
urged in suport of the creation of th
commerce court.
Adalttosml Clreclt Jadces.
"In order to provide a sufficient number
of Judge to enable this court to b con
stituted. It will b necessary to authorise
the appointment of five additional circuit
judges, who, for the purpose 6f appoint
ment, might be distributed to those cir
cuits where there Is at the present time
the largest volume of business, such as the
Second, Third, Fourth, Seventh and Eighth
circuits.
"The act should empower the chief Jus
tice at any time when the business of the
court of commerce does not require the
services of all the judges to reassign the
judge designated to that court to the cir
cuits to which they respectively belong;
and It should also provide for payment to
such Judge while sitting by assignment
in the court of commerce of such addi
tional amount as Is necessary to bring
their annual compensation up to $10,000.
The regular sessions of such court should
be held at the capital, but It should' "be
empowered to hold sessions In different
parts of the United States if found desir
able; and Its orders and judgments should
be made final, subject only to review by
the supreme court of the United States
.with the provision that the operation of
the decree appealed from shall not be
stayed unless the supreme court shall so
order. ' '
Restraining; Order After Hearing.
"The commerce court should be em
powered In Its discretion to restrain or sus
pend the operation of an order of the
Interstate commerce commission under re
view pending the final hearing and deter
mination of the proceeding, but no suoh
restraining rder should be made except
upon notice 'and after hearing, unlets In
cases where Irreparable damage would
otherwise ensue to the petitioner. A Judge
of that court might be empowered to allow
a stay of the commission's order for a
period of not more than sixty days, but
pending application to th court for Its
order or Injunction, then only where his
order shall contain a specific finding based
upon evidence submitted to the Judge
making th order and Identified by refer,
ence thereto, that such Irreparable damage
would result to the petitioner, specifying
th nature of th damage.
"Under the existing law, the Interstate
Commerce Commission In itself Initiates
and defend litigation In th courts for the
enforcement or in th defense of its orders
and decree, and for this purposa It em
ploye attorneys who, while subject to the
control of th attorney general, act under
th Initiative and under the Instruction
of the commission. This blending of ad
ministrative, legislative and Judicial func
tlons tends, In my opinion, to Impair the
efficiency of th commission by clothing
It with partisan characteristic and rob.
btng it of th impartial Judicial attitude
It should occupy In passing upon questions
subgiiued to it. In my opinion all lltlga
tlon affecting th government should be
under the direct control of the Department
of Justice and I therefore recommend that
all proceedings affecting order and de
cree of the Interstate Commerce Commis
sion be brought by or against th Untied
States Fo nomine, and b placed In charge
of an assistant attorney general acting
undfr the direction of the attorney gen
eral. Fooling; Rate Agreements.
"The subject of agrement between car
riers with respect to rates has been often
discussed In congress. Pooling arrange
ments and agreements were condemned by
the general sentiment of the people and,
under the Sherman anti-trust law, any
agreement between carriers operating in
restraint of Interstate or international
trade or commerce would be unlawful.
The republican platform of 190S expressed
the belief that the Interstate commerce
law should be further amended, so aa to
give the railroads the right to make and
publish traffic agreements subject to the
approval of the commission, but maintain
ing always the principle of competition be
tween naturally competing lines and avoid
ing the common control of such lines by
any means whatsoever.
"In view of the complete control over
rate making and other practice of inter
state carriers established by the act of
congress and aa recommended In this com
munication, I ko no reason why agree
ments between carriers subject to the act
specifying the classification of freight
and the rates, and charges for transpor
tation of paesengens and freight which
they may agree to establish, should not
be permitted, provided copies of such
agreements be promptly fllfd with the com
mission, but subject to all provisions of the
Interstate commerce act and subject to the
right of any parties to such agreement
to cancel It as to all or any of the agreed
rates, fares, charges, or classifications by
thirty days' notice in writing to the other
parties and to the commission.
Carrier to tjuote Legal Hate.
"Much complaint is made by shippers
over the state of the law under which they
are held bound to know the legal rate ap
plicable to any proposed shipment, without,
as a matter of fact, having any certain
means of actually ascertaining such rate.
It has been suggested that to meet this
grievance carriers should be required, upon
application' by a shipper, to quote the legal
rate In writing, and that the shipper should
be protected In acting upon the rate thus
quoted; but the objection to this suggestion
is that it would afford a much too easy
method of giving to favored shipper un
reasonable preference and rebates.
"I think that the law should provide that
a carrier, upon written request by an In
tending shipper, should quote In writing
the rale or charge applicable to the pro
posed shipment unacr any schedule or
tariffs to which th carrier Is a party, and
that if the party making such request
suffer damage in consequenoe of either re
fusal or omission to quot the proper rat,
or In consequence of a misstatement of th
rate, the carrier shall be liable to a penalty
in some reasonable amount, say $J60, to
accrue to the United States and to be re
covered In a civil action brought by the
appropriate district attorney. Such a pen
alty would compel th agent of the carrier
to exercise due diligence In quoting the ap
plicable legal rate, and would thus afford
the shipper a reasonable measure of pro
tection, cvhile not opening the way to col
lusion and the giving the rebates or other
unfair discrimination.
Initiative by Commission.
i '
''Under') the existing law the commission
can only act with respect to an alleged ex
cessive rata or unduly discriminatory prac
tice by a carrier on a complaint made by
some Individual affected thereby. I see no
reason why the commission should not be
authorized to act on Its own initiative as
well aa upon the complaint of an Individual
In investigating the fairness of any exist
ing rate or practice, and I recommend the
amendment of the law to bo provide; and
also that the commission shall be fully em
powered, beyond any question, to pass
upon the classifications of commodities
for purposes of fixing rsHes. In like manner
as It may now do with respect to the maxi
mum rate applicable to any transportation.
"Under the existing law the commission
may not investigate an Increase In rates
until after It shall have become effective;
and although one or more carriers may
file with the commission a proposed In
crease In rates or change in classifications,
or other alterations of the existing rates
or classifications, to become effective at
the, expiration of thirty days from such
filing, no proceeding can oe taaen to in
vestigate the reasonablneHS of such pro
posed changes until after It becomes op
erative. On the other hand, if the com
mission shall make an order finding that
an existing ratu Is excessive and directing
It to be reduced, the carrier affected may
by proceedings in the courts, stay the
operation of s jch order of reduction for
months and even years.
Action Before Effective Date.
"It has, therefore been suggested that
the commission should be empowered when
ever a proposed increase In rates I filed
at once to enter upon an Investigation of
the reasonableness of the Increase and to
make an order postponing the effective
date of such increase until after such
Investigation shall be completed. To thia
much objection haa been made on the part
of carriers. They contend that this would
be, In effect, to take from the owners ot
th railroads the management of their
properties, and to clothe the Interstate
Commerce commission with th original
rate making ;ower a policy which wa
much discussed at the time of the passage
of th Hepburn act in 190u-(, and whlcn
was then, and ha always been distinctly
rejected; and In reply to the suggestion
that they are able by resorting to the
courts to stay the taking effect of the
order of the commission until its reason
ableness shall have been Investigated by
the courts, whereas the people are de
prived of any, such remedy with respect to
action by the carriers, they point to th
provision of the Interstate commerce act
providing for restitution to th shippers
by carrier of excessive rate chirged In
case where th order of the commission re
ducing such rates are affirmed. IV may be
doubted how effective this remedy is.
' Customer Finally Pay Bill.
"Experience ha shown that many, per
haps most, shipper do not resort to pro
ceedings to recover th excessive rates
which they may have been required to pay,
for the Blmple reason that they have added
their rates paid to the cost of the goods
and thus enhanced the price thereof to
their customers, and that the public has
In effect paid the bill. On the other hand.
the enormous volume of transportation
charges, the great number of separate
tariffs filed annually with the Interstate
Commerce commission, , amounting to al
most 200.000, and th Impossibility of any
conimlssh.n supervising the making of
tariffs In advance of their becoming effec
tive on every transportation line within
the United States to the extent that would
be necessary If their active concurrence
were required In the making of every
tariff, has satisfied me that this power, If
granted, should be conferred in a vory
limited and restricted form.
"I therefore recommend that the Inter
state Commerce commission be empowered
whenever any proposed increase of rates
Is filed, at once, either on complaint or
of It own motion, to enter upon an In
vestigation into the reasonableness of such
change, and that It be further empowered.
In Its discretion, to postpone the effective
date of such proposed Increase for a p-rlod
not exceeding sixty dnys beyond Ihe date
when such rate would take effect. If
within this time It shall determine that
such Increase Is unreasonable It may then,
by Its order, either forbid the Incrense at all
or fix the maximum beyond which It shall
not b made. It, on the other hand, at
the expiration of this time the commission
shall not have completed Its Investigation
then the rate shall take effect precisely as
It would under the existing law and the
commission may continue its Investigation
with such results as might bo realized
under the law as It now stands.
Right to Select Route.
"The claim is very earnestly advanced by
some large associations of shippers that
shipper of freight should be empowered to
direct the route over which their shipments
should pass to destination, and in this con
nection It has been urged that the provis
ions of section 16 of the Interstate com
merce act, which now empowers the com
mission, after hearing on complaint, to es
tablish through routes and maximum Joint
rates to be charged, etc., when no reason
able or satisfactory through route shall
have been already established, be amended
so as to empower the commission to take
such action, even when one existing reas
onable and satisfactory route already ex
ists. If It be possible to establish additional
routes. This seems to me to be a reason
able provision. I know of no reason why a
shipper should not have the right to elect
between two or mor established through
routes to which the Initial carrier may be a
party, and to require his shipment to lie
transported to destination over such of
such routes as he may designate for that
purpose, subject, however, in the exercise
of this right, to such reasonable regulations
as the Interstate Commerce commission
may prescribe.
Control of Competing; Line.
"The republican platform of 1008 declared
In favor of amending the Interstate Com
merce law, but so as always to maintain
the principle of competition between na
turally competing lines, and avoiding the
common control of such lines by any means
whatsoever. One of the most potent means
of exercising such Interest has bean
through the holding of stock of one rail
road company by another company owning
a competing line. This condition has grown
up under express legislative power conferred
by the laws of many other states and to at
tempt now to suddenly reverse that policy,
so far as It affects the ownership of stocks
heretofore so acquired, would b to In
flict a grievous ,' injury, not only upon
the corporations affected, but' upon a
largo body of the Investment-holding pub
lic. I, however, recommend that the law
shall be amended so as to provide fpom
and after the date of It passage, no rail
road company subject to the Interstate
commerce act shull directly or Indirectly,
ucqulre any Interests of any kind In capi
tal stock, or shall purchase or lease any
railroad or any other corporation which
competes with It, respecting business to
which the interstate commerce set applies.
Hut especkJly for the protection of the
minority stockholders In securing to them
the best market for their stock I recom
mend that such prohibition be coupli-d with
a proviso that It shall not operate to pre
vent any corporation which at the date
of the passaKe of such act, shall own not
less than one-half of the entire stock Is
sued and outstanding capital stock of any
other railroad company, from acquiring
all or the remainder of such stock, or to
prohibit any railroad company which at
the date of the enactment of the law Is
operating a railroad of any other corpora
tion under lease, executed for a term of
not less than twenty-five year, from ac
quiring the reversionary ownership of th
demised railroad; but that such provisions
shall not operate to authorize or validate
the acquisition, through stock ownership
or otherwise, of a competing line or Inter
est therein In violation of the anti-trust or
any other law.
Overissue of Stocks,
'The republican platform of 1W8 further
declares in favor of such national legisla
tion and supervision as will prevent the
iuiure overissue or siocks and bonds by
Interstate carriers, and in order to carry
nut Its provisions, I recommend the enact
ment of a law provld'ng that no railroad
corporation subject to the Interstate com
merce act shall hereafter for any purpose
connected with or relating to any part of
Its business governed by said act. Issue any
capital stock without previous or simultane
ous payment to It of not lees than the par
value ef such stock, or any bonds or other
obligations (except note maturing not more
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