Los Angeles herald., 1909-09-21

it will not be possible to do all that
has been promised"
Mr. Taft detailed the passage of the
railroad rate bill several years ago, In
which the interstate commerce COM
mission was given authority to fix
specific rates, and continued:
THE rate bill has now been in opera
tion some three years, and 1t must be
admitted that it has not furnished the
relief against unduly discriminatory
rates with the eXaction and effective
ness which were expected. The Repub-
lican platform promised additional
legislation in aid of enforcing the in
terstate commerce laws, and l have
been engaged in the consideration of
what l ought to recommend to con-
gress in order to comply with that
promise.
Those who opposed the provision by
which appeal from the order of the
commission might he taken to the
courts did so because they thought
such right to appeal would offer much
opportunity to delay the proceedings.
Decisions Analysed
IAN examination of the decisions of
the commission and the resort to the
courts by way of temporary injunc-
tions fully justified the conclusion that
one of the defects of the present daw Is
the delay entertained by the courts
against the correctness of the orders
of the commission.
1.-The court appeal cannot be abol-
ished, because it is a constitutional
right. Something must be done to re-
duce its effect by way of delay so that
the decision of the court shall be
prompt, final and effective.
at is proposed now by a number OF
gentlemen of my cabinet, who have
conferred with some members of the
interstate commerce commission, to
facilitate these appeals from the COM
mission by the creation of a separate
interstate commerce court of five men,
bers, which shall sit in Washington
and which shall be the only court to
which petitions to set aside or nullify
the orders of the interstate commerce
commission can be made; and 1t Is
proposed to allow a single judge to
make an order staying the proceedings
of the interstate commerce commission
but sixty days and thereafter that no
injunction shall be allowed against the
order of the commission unless granted
by the whole court of five members.
II know that objection will be made
to the creation of this court. In one
of the bills officially introduced such a
separate court was provided for, but
] the provision was defeated.
"a tariff court has been provided in
the new tariff law, to consist of five
members whose judgment shall be
final on all questions arising under the
administration of the tariff.
Would Serve Purpose
81 am strongly inclined to think that
a similar court, except that an appeal
ought to lie from it to the supreme
court, would serve the purpose of ex-
] faI, af
in respect to the orders of the
| commission.
1T know that there is well-grounded
objection to increasing federal courts,
and to the provision for the appoint
ment of federal judges whose terms
and salaries last for life and who be-
come a permanent expenditure of the
government. But there Is to be said.
that if the establishment of such a
court proves to be a mistake the de-
mand for judges throughout the
country and their increase will furnish
an opportunity to use the judges thus
appointed for other and general Ju-
dicial work.
"The uniformity of decisions and the
pronptness of decision, which may be
| expected from a court whose expert
| ence will soon make them experts in
! the disposition of such cases, would
promise to the shipper and railroad
| litigants quick decision as to their
rights.
"a second change in the interstate
! commerce laws ought to give TO the
commission the power to hear and en-
tertain complaints against unjust
classification of merchandise for trans
portation. It Is perfectly clear that by
! including articles in the same class,
which ought to pay different rates, d
railroad can commit exactly the sam9
kind of injustice as 1t would by I'M
posing an eXorbitant rate as TO any
| one class. Hence I have not the
slightest hesitation in recommending
to congress that the power OF the
commission should be extended to IN
clude not only the fixing of rates after
complaint, but also the readJustmeht
of classification if it proves on COM
plant to be unjust
Thought 1t Wise
"I am aware that congress at the
| time of the passage of the rate law
thought it wise to limit the power OF
the commission to the consideration oil
rates actually complained OF by per
sons interested. 1t would now seem
from the experience of the commlssloI
that it is the extension of its powers
so as to institute complaints of its oWf
that is necessary to make It's worn
truly effective. 1 do not think that un-
til we try this new amendment and se5
how it works we ought to put doWl
the bars entirely and give to the IN
terstate commerce commission the aD'
| solute power to fix rates in advance
and on their own initiative and with
out complaint being made, as IS dont
in some of the states now, l think II
better to feel our way to satisfactory
act which shall accomplish the purpose
without too drastic or radical action
"Under the interstate commerce law
a, new rate classification is to be f1lec
with the commission, 1t is proposed
now to authorize the commission t.
postpone the date that such new rat
classification is to take eject, provided
that within thirty days of the date Of
the order complaint before such rate
or classification is unreasonable or uh
just. 81.
Il am inclined to think this is fail
change in the provisions of the law
1t gives to the public the same right u
have changes which affect them 1n1url'
ously investigated before they go intt
effect as it does the railroad, by appea
to the courts to have the order OF tht
commission investigated and subjected
to hearing. Railroads ought not to h'
permitted to change rates unless theS
can give a reason for 1t.
"A third amendment to the ac'
should provide the commission may, oI
order, suspend, modify or annul any
changes in the rules or regulation:
which impose undue burdens on ship
pers. No doubt ought to be left will
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