Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-09-20
TAFT TO THE |0WAkS
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the railroads to adopt additional safety
devices to guard the lives of their en-
ployes.
Labor Legislation.
But the legislation with respect to the
Iaborer," continued the President, rs not
all the legislation that the republican par
ty is pledged to. Indeed, when l look
forward to the next session and realize
how much there is to be considered. l
tremble lest the session will not be long
enough and that 1t will not be possible
to do all that has been promised.
Mr.. Taft detailed the passage of the
railway rate bills several years ago. In
which the interstate commerce commits
sion was given authority to fix speclnc
rates, and continued:
The rate bill has now been In opera
ton some three years, and 1T must be ad-
mitted that it has not furnished the re-
lief against unduly discriminatory rates
with the expedition and effectiveness
which were expected. The republican
platform promised additional legislation
in aid of enforcing the interstate COM
merce law and l have been engaged in
the consideration of what ought to rec
ommend to Congress in order to comply
with that promise. Those who opposed
the provision of which appeal from the
order of the commission might be taken
to the court did so because they thought
such right to appeal would offer much OPP
portunity to delay the proceedings.
AN examination of the decisions of the
commissions and the resort to the courts
by way of temporary injunctiOns fully
justify the conclusion that one of the
benefits of the present interstate COM
merce law is the delay entailed by liti-
CATION in the court over the correctness
of the order in the commission.
The court appeal cannot be abolished
because it is constitutional right. Some
thing must be done to reduce its effect
hy way of delay so that the decision of
the court shall be prompt, final and eff
feCtive.
Interstate Commerce Court.
1T is proposed now by number of
gentlemen of my cabinet who have con-
ferred with some members of the inter-
state commerce commission, to facilitate
these appeals from the commission by
the creation of a separate interstate
commerce court of five members, which
shall sit in Washington and which shall
be the only court to which petitions to
set aside or nullify the orders of the in
terstate commerce commission can be
made, and it is proposed to allow sim
gle judge to make an order staying pro-
ceedings of the interstate commerce COM
mission but sixty days. and thereafter
that no injunction shall be allowed
against the order of the commission un-
less granted by the whole court of five
members.
Il know that objection will be made
to the creation of this court. In one
of the bills. originally introduced. such
separate court was provided for, but
the provision was defeated. A tariff
court has been provided in the new
tariff bill to consist of five members,
whose judgment shall be final on all
questions arising under the administra-
tion of the tariff. 1 am strongly in
clined to think that a similar court, ex-
cept that an appeal ought to lie in from
it to the Supreme Court. will serve the
purpose of expedition and the dispatch
of business in respect to the orders Of
the commission.
Il know that there is we'll grounded
objection to increasing federal courts and
to the provision for the appointment of
federal judges. whose terms and salaries
last for life. and who become a perma-
nent expenditure of the government. But
there is this to be said, that if the es-
Establishment of such a court proves to
be mistake. the demand for judges
throughout the country and their in
crease will furnish an opportunity to
use the judges thus appointed for other
and general judicial work. The Uniform
fty of decisions and the promptness of
decision which may be expected from
court whose experience 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.
Unjust Classification.
"A second change in the interstate
commerce law ought to give to the COM
mission the power to hear and entertain
complaints against unjust classification of
merchandise for transportation. 1t is per-
fectly clear that by including articles in
the same class which ought to pay diff
ferent rates railroad can commit exact
lxrf lii
by imposing an exorbitant rate to any
one class. Hence I haven't the slightest
hesitation in recommending to Congress
that the power of the commission should
of rates after complaint. but also the re-
adjustment of classification if it proves
on complaint to be unjust.
i am aware that Congress at the time
OF the passage Of the rate bill thought
it wise to limit the power of the commits
sion to the consideration of rates actual
iy complained of by persons interested 1t
would now seem from the experience of
the commission that it is the extension Of
its power so as to institute complain of
its own that is necessary to make its
work truly effective. I do not think that
until we try this new amendment and
see how it works ought to put down
the bars entirely and give to the inter-
state commerce commission the absolute
power to fix rates in advance and on
their own initiative. and without COM
plant filed and investigation made as Is
done in some of the states. l think 1t
a great deal better to proceed cautiously
in this matter and feel our way to a sat
isfactory act which shall accomplish the
purpose without too drastic or radical
action
Under the interstate commerce law a
new rate classification is to be filed with
the commission. 1t is proposed now to
authorize the commission to postpone the
date when such new rate classification is
to take effect provided that within thirty
days of the date of the order complaint
be filed that such rate or classification is
unreasonable or unjust. l am inclined to
think that this Is a fair chance in the
provisions of law. 1t gives to the public
the same right to have changes which
affect them injuriously investigated be-
fore they go into effect as it does the
railroad, by appeal to the courts, to have
the order of the commission subjected to
investigation and hearing. Railroads
ought not to be permitted to change rates
unless they can give reason for 1t.
Power to Modify Rules.
"A third amendment to the act should
provide that the commission may, by
order, suspend, modify or annul any
changes in the rules or regulations which
impose undue burdens on shippers. No
doubt ought to be left with respect to
the power of the commission on such q