Page:American Journal of Sociology Volume 9.djvu/234

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220 THE AMERICAN JOURNAL OF SOCIOLOGY

persons was almost unobtainable. Another very important change introduced by this law is that courts are authorized to proceed civilly, and to enjoin illegal actions, which are more elastic than under the criminal procedure. Complaints are already being filed under the new law with the Interstate Com- merce Commission, the first one being by the Central Yellow Pine Association, a voluntary association of forty-one firms in Louisiana, Mississippi, Georgia, and Alabama, and engaged in the manufacture and shipping of pine lumber in and from Louisi- ana (east of the Mississippi), Mississippi, Alabama, and Georgia, against the Vicksburg, Shreveport & Pacific, the Kansas City Southern, the St. Louis, Iron Mountain & Southern Railroads, because of alleged rebates to firms engaged in the same business in Arkansas and Louisiana (west of the Mississippi). As yet, however, no decisions under the Elkins law have been handed down.

The act creating the new Department of Commerce and Labor declares that the commissioner of corporations " shall have power and authority to make, under the direction of the secretary of commerce and labor, diligent investigation into the organization, conduct, and management of the business of any corporation, joint-stock company, or corporate combination engaged in commerce among the several states and with foreign nations, except common carriers;" and "to gather such informa- tion and data as will enable the president of the United States to make recommendations to Congress for legislation for the regu- lation of such commerce." In furtherance of these provisions the commissioner is given power to " subpoena and compel the attendance and testimony of witnesses and the production of documentary evidence, and to administer oaths." This truly constitutes an extension of governmental power, and is made to apply to concerns, exclusive of railroads; or, in other words, mainly to manufacturing " corporations, joint-stock companies, or corporate combinations." The movement is purely experi- mental and is, in a way, an application of the much-talked-of publicity; but, nevertheless, important and surprising conse- quences may follow these investigations by the government into the conduct of big corporations.