The Omaha Daily Bee
The OMAHA DEE
goes to to homos Is read by the
women sells goods for advertiser.
EDITORIAL
PAGES 11 TO tQ.
. y
VOL. XXXIX-NO. 154.
OMAIIA, SATUKDAY MORNING, JANUARY 8, 1910.
SINGLE COPY TWO CENTS.
53E9EXS
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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
are now sharply cut. JV.n important clearing on the very things you need NOW.
In addition we offer double S. & H. stam ps in these departments.
Decisive Glove Reductions
"V mm
Annunl Wliite Carnival Muslin I'mlerwear,
Kmbrolderies, etc., next Monday.
Unmistakably Our Greatest Garment Clearance
The entire second floor garment sto involved-2,000 or more excep
tionally beautiful Winter Suits, Coats, DresS3. etc' for women d chlldren "e
almost unbelievably price reduced. Whatevcr your needs bv 811 means cm?
Bennett's. The garments measure up to highest standards of tailoring and fabric
art at smaller cost to you than desirable W have been known t0 seU for in
Omaha.
Women's English Cape Gloves, $1.25 regularly,
for G9
Soft Gauntlet Gloves, kid lined, $3.50 regularly,
tor 81.39
HOSIER V 16c black and tan cotton hose, now
for 10
35c Imported Lisle Hobs for women 25
60c Gauze Lisle Hose, garter top, to clear 35
Children's 15c Fleeced Stockings, sale price 10f
I MKKVi:.H Fleeced 35c Vests and rants,
tor 25
Extra size 75c Vests and Pants, for 49
$1.00 Wool Vest and Pant, grey only, for 79o
II 25 Cotton 1'nlon Suits, extra size, earn 890
HAKDKIXCEUTI 15c all linen Initial Handker
chief, for 7o
25c all linen embroidered Handkerchiefs, for . ...lBo
Hen's Underwear 95c
A January clean ty of very nice wool plush
shirts and drawers for men; about 10 dozen
omy. mey come in inn shades, ana are
extra heavy 'and warm Our finest
$1.80 garments, for
Rotkford Socks; extra
heavy, 16c quality
95c
3 pairs for
25c, pair . .
9c
Men's Sweaters; roll
neck; blue, red nnJ
gray worsted; wore
$2.60 aad $3,
to clear ....
.1.50
Neckwear 50c fancy
four-in-hands, revers
ible and flowing end
styles,
for .....
flannel Rhirts Very
flrfe materials; all
- colors and sizes to 17
pure wool
ious weights,
at
29c
in var-
2.15
All Men's High Grade Caps at Half Trice
Bennett's Big Grocery
Bennett's Capitol
Flour, sack $1.56, and
.80 stamps.
Bennett's Best Coffee,
three pounds fori $1.00,
and 100 stamps.
Bennett's Bent Coffee,
one pound for 86c, and
SO stamps.
Bennett's Teas. as
sorted Teas, pound 68c,
and 70 stamps.
Tea Sittings, pound
packjge 15c, and 10
stamps.
Best Cheese, pound
DOe, and 10 stamps.
Virginia Swiss Cheese
round -6c, and 10 st'ps.
Bennett' Capitol Oats
Wheat or ' Pancake' for
lie, and 10 stamps.
Bennett's Capitol Bak
ing powder, pound can
24c, and 20 stamps.
Hortnett's Capital Mince
.Meat, 8 packages, for
25c, and 10 stamps.
Swansdown Codfish, S
packages for 26c, and
iU stamp i.
Hartley's Pure Fruit
Jams, Jar for 26c, and
l!0 stamps.
Snlder's Tomato Soup,
large rnn for 20c, and
20 stamps.
Iten's Oyster or Soda ,
Crackers, 18 lb. box
for $1 15.
JapRlce, four pounds
for 25c, and 10 stamps.
Asparagus, Beauty
brand, 20c cans for 16c.
Small Hour Pickles, a
dozen 6c.
Our Big
'Jv. y
4l ' - ,1
mill
CM ri
Twice-a-Year Clothing Clearance
HEN'S
SUITS
at HA
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 Bennett values by the size of our announcement
you will be misled badly mistaken.'
This, is our big twlre-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, genlwl, hand tailored
models, in medium and dark colors and refined patterns, such as exacting men always choose. Not
one of these splendid suits has been here over 60 days. It's no stretch of the imagination when we
say HALF PH1CE 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 Man Can Be Fitted-Sizes 34 to 48
$30.00 Suits... $15.00
$27.50 Suits... $13.75 I J-
Ii.'
$25.00 Suits... $12.50
$22.00 Suits.. .$11.00
$20.00 Suits... $10.00
$15,00 Suits $7.50
Men's Swagger Three-Quarter and Full Length Overcoats at Half
50
Mm I' If
$25 t
O'coab 1
for Jlcdl
This is a representative assortment of the year's best
styles, embracing Kersey overcoats, In black, oxford, tan,
Lgreen, brown, In plain shades and utrlpes with velvet collars,
and fancy Scotch materials with combination (or two-ln-one)
and regular collar styles.
$15 $F3C)
0'coats ?!
Note These Clearing Bargains:
to $30.00
one-piece Pressrs,
up
In
black and
values.
iis.eo
colors,
ll.BO
Vn.r..
(
Jap Kose Tollot S
4 cuke for
3oap I
.2bo I
Sweet Mixed
quurt for 20c,
stamps.
Pickles,
and 10
Beans, six lbs.
California Prunes
12'c Uallty for 8c.
Double
i anulated
stamps
Sugar.
Diamond S Chill Sauce
bottle l-'.ic, and 10
stumps. '. , .
Beans, "Best We
Hum" brand, fancy
Frenoli Siring Beans, 2 60
quality, can lie.
lOo bottle
while supply
for 15c.
Olives
lasts, 2
r
Olive Sale Queen
oilvea, large bott
U8c size, fur
lueen
ottle, I
,.66e J
Heat Market
Bennett's market cuts your house
keeping expense to the minimum Lowest
prices on choice fresh meats in all Omaha.
Pork Boast -
pork shou
lder, lb
rail X.amb
Bennett's
price, lb....
Kail Lamb
Io In, per
lb
Prime Klb
All bones
out. lb. . . .
Choice Pot
Special, per
lb., 9o and.
Chops Shou-
per 10c
Fresh
...10ic
Kegs
..Mt
Chops
..124c
Boast
...124c
Boast
7c
164c
X,amt
Ider,
lb. . .
Xismb
lder,
lb...
Boast Shou-
rr. 74c
Pall Lamb
Stew, 4 lbs.
25c
Calumet Bams, every
one select, well
trimmed, sugar
cured,
pound. . . .
And 30 Stamps Each
Ham. .
Cudafcys Baoon, su
gar cured, 6 to 7
pound rstrlps by
itbhet.r.'f 164 c
Morroll's Iowa Pnre
iard, 10-lb 1 7C
palls for 1.1
And 80 Stamps.
Oranges
Extra fancy "SUN
K1ST" Washington
Navels, 40c 3fl
slie, per doi...."'
Including 10 Stamps.
A Women's Home Cook Books
to:: HOME fe
COOK fS
y A big collection
of practical reol
p e s contributed
to "Good House
keeping" -' maga
zine. Now in book
form. Thousands
of housekeepers
will want it in
book section '
Fruits
19 c-
4 for 25c
LiTfe Florida
Grape Fruit
Extra fancy large Bananas, dozen. ....... .15o
California Cauliflower, lb lOo
Large Leaf Lettuce, 3 for ,. 10o
Jersey Sweet Potatoes, peck 30o
Fine Seed Cabbage, per lb BHo
Bate
karoeri A
better
January Clearance
Base Burners, Heaters, Ranges
Profit by our liberal reductions
These 1 are stoves of standard make,
known throughout America as the best.
Still a good range of styles for buy
ers who come early. ;'
20OHK710OH
Lisk Wash Boilers
Here's an attractive sale proposition
Yqji can buy.no better boilers than
Lisk boilers. The reduced' prices are
very interesting-1 "
All Bare 14-os. Copper Bottoms.
$1.75 Lisk Boilers, sale price .' 11.33
$2.00 Lisk; Boilers, sale price .$1.48
$2.25 Link Boilers, sale price ..... 60
$4.00 All Copper Lisk Boiler, for ....$3.76
B. O. IS. Sad Irons, worth $1.85 set, . .980
Mrs. Potts' Sad Irons, worth $1.10 set 8O0
Galvanized Wash Tubs, usually 66c, at 39o
Galvanised Wash Tubs, usually 7 Be, at 49o
Galvanized Wash Tubs, usually 85c, at 680
Corsets for Saturday
98'
$1.80 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 trlm-
.. med. The materials are very sub
stantlal. Any woman with
a corset need will be glad
to pick so good a bargain
all sizes j . ;
Also a small lot of good dollar corsets
we are clearing up on will be a third
off or .69
' Harshmallows 10c
Delicious vanilla flavor; full size, 20c
box, Saturday for 10
Ilennett's Special Chocolates Hand
rolled; the 60c eT,
quality, lb drnj
Women's
now at
Women's $30.00 Long Coats,
nour .1 vl.. nt
Women's $H5.00 Long Costs, beautiful black broad
cloths, nt "15.00
Women's Winter Suits, choice of any up to $mi.oo,
for. each 535.00
Women's Winter Coats; very large line; $35.00 and
M5.00 garments, at tJS.OO
Women's Handsome Cloth Dresses, richly designed.
up to $50.00, for 525.03
Misses' Coals and Presses, 13 to 11-year slies.
fine, $15.00 values, for 55.00
Women's $1:5.00 and t-9 60 Tailored Suits, reduced
to clear, at ,.$15.60
Women's $20.00 and $22.60 Tailored Suite, nil at
one price now 515.00
Women's Fur and Fur Lined Coats. snle rrlce V4 OTP
Olrls' Long Coata, 6 to 14-year slies, worth to $.V
now at 5a.85
Girl's Long Coats, S to 14-year slses, worth to $10,
now at 55.00
Girls' Long Coato, 8 to 11-year sixes, worth to
$1$ 50, now at 97.60
Children's Long Coats, 2 to -year slaes, worth to
$10.00, now nt $8.00
Women's Mescaline and Taffeta 811k Waists, Is 00
kinds, now for "4-8
Women's two-piece Suits; black and colors, up to
$20.00. now for 510.00
Women's one-piece Presses and College Styles. ui
to $25.00, now for 510.00
Women's Heavy Fancy Mixture Coats, $12.00, $15.00
and $17.50 VRlues, now for 53.00
Girls' Peter Thompson Presses and Cloth Costs.
up' to $15.00, now for 5S.00
Girls' Junior Suits, two-piece styles, $15.00 val-'
ties, now for 55.00
Infants' Felt Bonnets, a verv fine assortment OPP
Odds and Ends Waists; tailored and lingerie, $1.25
and $1.50 kinds, now for TBo
Mink Furs; genuine northern mink H OPP
ueanng men s anoes
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 P
to close, at leOe)
91.86 for Women's Shoes Snturday choice of six
excellent styles in button and lace, In gun metal
and patent colt. These are the usual $2.50 nc
and $3.00 elious. January Clearing price. .. ,''J
Broken lots Women's Shoes From $3.50 lines, but
ton and lace shoes not all sizes In every, lot, but.
ail can ne rilled. All I OR.
s j
2.75
big bargains
Dorothy Sodd
Shoes, all
best $3.50 qu
Hisses' Shoes,
with hea
lltt to
$2.00 shoes,
Children's Shoes
table, all $1.C
itlcs, for . . .
Calf
cal
Boys' Shoes,
pairs box
8 ht e s,
good, but
lots. $1.50
$2.00 values
at fl
relt Boots,
for men
one & two
buckle, roll
edge, 53.2o
kind, 91.BC
Box Calf Street
sizes and widths. V- W&ajjV I
lal tv S2.HS I tfJTva fSSM
k ' if
, imi niiu vn;, , . .-Atl
y solee for school J?&jjrjfl
2; our $1.60 and iWZiX
at 880 m?M&&l
and $1.25 qual- At'Jfl jtyt I
President Taft's Message to the Congress on Railroads and Trusts
WASHINGTON,, Jan. 7.-Followlng Is the
text of the president's epeclal 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 neided legislation under the
authority,, which congress has 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
ations arising out of the operations of the
ftvtl-trust suggesting the wisdom of federal
mk twporauon 01 inausiriai companies.
Interstate Commerce Law.
'In the annual report ot the Interstate
Commerce Commission for the year I&06,
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
side 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 fundamenal, as the constitutionality
, ot the act Itself was an Issue and the
Lint of congress to delegate to any trlb-
i authority to estubllsh an Interstate
was denied; but that perhaps the most
,us practical question raised concerned
stent of the right of the courts to re
orders ot the commission; and II
k ! out that If the contention of
in this latter respect alone
jd, but Utile progress had
he Hepburn act toward the
.ion of Interstate transpor-
In twelve of the cases
i stated, preliminary In-
Vved for, being granted
ill- I
1 1 1
f 1
1- f v
1 I !
11 I- ?S ft
I HI .UdonX A
11 fraction 3 h
! "In its t I
1 ' V .... .
3 - . . . . a
1 I twn decide f
; I f United Stat Ji
f bad bwn a I I
In six.
first been well under-
lmlsslon, " 'that the
act as a regulating
ly upon the facility
injunctions could
road company by
bill of complaint,
fidavlts, can ovrr
ot patient Investl-
ory result can be
loses nothing by
, If they fall, It
establish the rate
the difference be
ollected and the
to be reasonable,
lly profits. It can
turn more than 1
arges collected.' '
In Cemrt.
year UOt, the com
the seventeen cases
report, only one had
supreme court of the
tough five other cases
and submitted to that
1M8.
"Of coilrse, every carrier affected by an
crder ot the commission has a constitu
tional right to appeal to a federal court
to protect It from the enforcement of an
order which It shows 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 the
United States, not only does delay result
In the enforcement of the order, but great
uncertainty Is caused by contrariety of
decision.
"The questions 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 examine and troublesome 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 ot other carriers
similarly situated. What la, however, of
supreme importance is that the decision
ot such questions shall be as speedy as
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 scientific enforcement of
the commerce law, rather than conflicting
decisions and uncertainty of final result.
Favors Court of Commerce
"For this purpose I recommend the es
tablishment of a court of the lIU ted
States composed of five Judges designated
for such purpose from among the circuit
Judges of the United States, to be known
as tbe 'United titaies court of commerce,'
which court shall be clothed with exclusive
original Jurisdiction over the following
classes of cases;
"1. All cases for the enforcement, other
wise than by adjudication and collection
of a forfeiture or penalty, or by Infliction
ot criminal punishment, of an order ot tbe
Interstate Commerce Commission other
than for the payment of money.
"2. All cases brought to enjoin, set aside,
annul or suspend any order or requirement
of the Interstate Commerce Commission.
"1. All such cases as under section $ of
ot the act of February U, 'l803, known as
the 'Klktns act,' are authorised to be main
tained In a circuit court ot the United
States
"4. All such mandamus proceedings as
under the provision of section 20 or section
23 of the Interstate commerce law are
authorised to be maintained In a circuit
court of the United States. . s
"Reasons precisely analogous to those
which induced the congress to create the
court of customs appeals by tbe provisions
In the tariff act rf August I, 19Uv, may be
urged in suport of the creation of the
commerce court.
Additional rircnlt Jadges.
"In order to provide a sufficient number
of Judges to enable this court to be con
stituted, It will be necessary to authorise
the appointment of five additional circuit
Judges, who, for the purposes 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
Judges designated to that court to the cir
cuits to which they respectively belong;
and it should also provide for payment to
such Judges 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 ot 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 Orders After Hearlnsr.
"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 ot the proceeding, but no such
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 the court for its
order or Injunction, then only where his
order shall contain a specific finding based
upon evidence submitted to the Judge
making the order'and Identified by referf
ence thereto, that such Irreparable damage
would result to the petitioner, specifying
the nature of the damage.
"Under the existing law, the Interstate
Commerce Commission in Itself Initiates
and defends litigation In the courts for the
enforcement or In the defense of its orders
and decrees, and for this purpose It em
ployes attorneys who, while subject to the
control ot the attorney general, act under
the Initiative and under the Instruction
of the commission. This blending of ad
mlntstratlve, legislative and Judicial tunc
tlons tends. In my opinion, to Impair the
efficiency of the commission by clothing
It with partisan characteristics and rob'
blng It of the impartial Judicial attitude
it should occupy In passing upon questions
submitted to It. In my opinion all lltlga
tlon affecting the government should be
under the direct control of the Department
of Justice and I therefore recommend that
all proceedings affecting orders and de
crees of the Interstate Commerce Commit
s'on be brought by or against the Untied
States Fo nomine, and be placed In charge
of an assistant attorney general acting
under the direction of the attorney gen
eral. Fooling; Rate Agreements.
"The subject of agrements between car
riers with respect to rates has ben 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 1900 expressed
the belief that the Interstate commerce
law should be further amended, so as 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 compiling 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 practices of Inter
state carriers established by the act of
congress and as recommended in this com
munication, I seo no reason why agree
ments between carriers subject to the act
specifying the classifications of freight
and the rates, and charges for transpor
tation of pab'sengens and freight which
they may agree to establish, should not
be permitted, provided copies of such
agreements be promptly filed 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 ot the agreed
rates, fares, charges, or classifications by
thirty days' notice In writing to the other
parties and to the commission.
Carriers to tftuote I.eual 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 shippers un
reasonable preferences 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 rate or charge applicable to the pro
posed shipment under any schedules or
tariffs to which the carrier Is a party, and
that If the party making such request
surfer damage In consequence of either re
fusal or omission to quote the proper rate,
or In consequence of a misstatement of the
rate, the carrier shall be liable to a penalty
In some reasonable amount, say $260, 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 the 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, tvhlle not opening the way to col
lusion and the giving the rebates or other
unfair discrimination.
Initiative by Commission.
"Under', the existing law the commission
can only act with respect to an alleged ex
cessive rate or unduly discriminatory prac
tice by a carrier on a complaint made by
Borne indlvlduul affected thereby. I see no
reason why the commission should not be
authorized to act on its own initiative as
well as 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 so 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 rates, 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
tiling, no proceeding can db ibk-u iu in
vestigate the reasonablness 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 tha 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 Is filed
at once to enter upon an Investigation ot
the reasonableness of the Increase and to
make an order postponing the effective
date of such Increase until after sucn
Investigation shall be completed. To this
much objection has been made on the part
of carriers. They contend that this would
be, In effect, to take from the owners ot
the railroads the management of their
properties, and to clothe the Internets
Commerce commission with the original
rate making ;jower-a policy which was
much discussed at the time of the passage
or the Hepburn act In 19iK-6, and whlcn
was then, and has always been distinctly
rejected; and In reply to the suggestion
that they are able by resorting to thfc
courts to stay the taking effect of the
order of the commission until its reason
ableness shall have been Investigated b
the courts, whereas the people are de
prived of any, such remedy with respect to
action by the carriers, they point to the
provision of the Interstate commerce act
ppcivldlng for restitution to the shippers
by carriers of excessive rates charged In
cases where ths order of the commission re
ducing such rates are affirmed. It may be
doubted how effective this remedy is.
" Customers Finally Pay Bill.
'Experience has shown that many, per
haps most, shippers do not resort to pro
ceedings to recover tha excessive rate
which they may have been required to pay,
for the simple 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 tins
in effect paid the bill. On the other hand,
the enormous volume of transportation
charges, the great number of sepaiate
tariffs filed annually with the Interstate
Commerce commission, , amounting to al
most 200.000, and the impossibility of any
conimlsRh.n supervising the malting 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 vry
limited and restricted form.
"I therefore recommend that the Inter
state Commerce commission be empowered
whenever any proposed Increase of rates
Is tiled, at once, either on complaint or
of Its own motion, to enter upon an In
vestigation Into the reasonableness of such
change, and that it be further empowcied,
In its discretion, to postpone the effective
date of such proposed Increase for a p rlod
not excei ding sixty days 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 be made. It, on the other hand, at
the expiration of this time the commission
shall not have completed Its Investigation
then the rat? 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.
Rlarht to Select Haute,
"The claim Is very earnestly advanced by
some large associations of shippers that
shippers 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 15 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 more established through
routes to which the Initial carrier may be a
party, and to require his shipment to ta
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; Lines.
"The republican platform of 1908 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 exerclBlng 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 be to In
flict a grievous ( Injury, not only upon
the corporations uffected, but' upon a
largo body of the Investment-holding pub
lic. I, however, recommend that the law
shall be amended so as to provide fnom
and after the date of Its passage, no rail
road company subject to the Interstate
commerco act shnll directly or lndlrertly,
acquire nny 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 act applies.
Hut especlijly for the protection of the
minority stockholders In securing to them
the best market ,for their stock I recom
mend that such prohibition be coupled with
a proviso that It shall not operate to pre
vent any corporation which at the date
of the paamiKe of such act, shall own not
lees 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 years, from ac
quiring the reversionary ownership of the
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 Stork.
'The republican platfon.i of VMS further
declares In favor of such national legisla
tion end supervision as will prevent the
future overissue of stocks and bonds by
Interstate carriers, and In order to carry
out its provisions, I recommend the enact
ment of a law provld'ng that no railroad
corporation subject to the Interstate com
merce act xhall 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 less than the par
VftltiA lirh mtnrk nr nriv lifmrf. rm
obligations (except notes maturing not more
t ,M
'Continued on Page Twelve.)
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