The Lamar register., 1910-01-12
Makes Recommendations as to Com
merce Law and the Trusts
WOULD CONSTITUTE A SPECIAL COURT
Judges to Have Power Act in Certain Specified Cases
Wisdom of Federal Incorporation of Indus
trial Companies Sugsested--Scope
of Present LawToo Wide

Washington. Jan. THE following IL
President Taft's message to congress on
the subject OF needed legislation re-
garding the Interstate commerce law and
the control of the trusts:
To the Senate and House of Represent
atives. / withheld from my annual mes
sage a discussion of needed legislation
under the authority which congress has
TO regulate commerce between the states
and with foreign countries. and said that
] would bring this subject-matter to your
attention later In the session. According
ly. beg to submit to you certain recon-
mendations as to the amendments to the
Interstate commerce law and certain con-
siderations arising out of the operations
of the antitrust law suggesting the wis
dom of federal Incorporation Of Indus
trial companies.
Interstate Commerce Law.
In the annual report OF the Interstate
commerce commission for the year 1905
attention Is called to the fact that be-
tween July I, 1905 and the close of that
year. Is 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 permitted to go without protest:
that the questions presented by these va
rious suits were fundamental. as the con-
stitutionality of the act itself was In Is
sue. and the right of congress to dele
gate TO any tribunal authority to estab-
ASH an Interstate rate was uenieus put
that perhaps the most serious practical
question raised concerned the extent of
the right of the courts to review the or
ders of the commission. and II was point
ed out that II the contention of the car
riers in this latter respect alone were SUE
tained. but little progress had been
made In the Hepburn act toward the ef-
fective regulation of Interstate Transport
tation charges. In u of the cases re-
ferred to. II was stated. preliminary In
me- y.A for bal sd
In six md refused In six.
1T has from the FIRST been well under
stood" says the commission. that the
success OF the present act n regulat-
Ing measure depended largely upon the
facility with which temporary injunc-
lions could be obtained. II railroad
company. by mere allegation In Its bill
OF complaint. supported by exparte am
davits. can ovcrturn the result of days
OF patient Investigation. no very satisfnc-
tory result can be expected. The railroad
loses nothing by these proceedings since
~ they fail. II can only be required to
establish the rate and to pay to shippers
the difference between the higher rate
collected and the rate which is finally
held to be reasonable. In point of fact
Il usually profits. because It can seldom
be required to return more than n frac-
tion Of the excess charges collected
In Its report for the year 1899 the COM
mission shows that OF the II cases re-
ferred TO In It's i9os report. only one had
been decided In the supreme court of the
United States. although i've other cases
had been argued. and submitted to that
tribunal In October. 1909
OF course. every carrier affected by an
order OF the commission has n constftu-
fionai right to appeal to a federal court
TO protect u from the enforcement of an
order which II may show to be prima =
facie confiscatory or unjustly discrimina-
tory In its effect. and rs this application
may be made TO 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 con-
trariety Of decision.
The questions presented by these ap-
piications 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 trou-
blesome to comprehend. II would not be
proper to attempt to deprive any cor
poration OF the right to the review bv
n court Of any order decree which.
II undisturbed. would rob II of a reason
nbie return upon Its Investment or would
subject II to burdens which would un-
Justly discriminate against It and in IA
vor of other carriers similarly situated
What Is. however. Of supreme impor-
lance is that the decision of such cues
tons shall be as speedy as the nature of
the circumstances will admit. and that
q uniformity of decision be secured so
as to bring about an effective. system
attic and scientific enforcement of the
commerce law. rather than conflicting de-
cisions and uncertainty of final result.
Recommends "Court Of Commerce.
For this purpose recommend the
establishment Of n court OF the United
States composed OF five Judges desig-
mated for such purpose from among the
circuit Judges OF the United States to
be known the limited States court
of commerce" which court shall be
clothed with exclusive original Jurisdic-
ton over the following classes of cases.
2 ~ All cases for the enforcement 9TH
erwise than by adjudication and collec-
ton. OF n forfeiture or penalty. or by in
Fiction of criminal punishment. of any
order of the interstate commerce COM
mission other than for the payment of
money.
ca All cases brought to enjoin. set
aside. annul or suspend any order or
requirement of the Interstate commerce
commission
CO All such cases as under section !
OF the act of February l9. 1908. known
as the "Elkins act" are authorized "a
he maintained In a circuit court of the
United States.
90 All such mandamus proceedings
hs under the provisions of section 20 OF
section % OF the interstate commerce
law are authorized to be maintained in a
circuit court OF the United States.
Reasons precisely analogous to those
which Induced the congress to create the
court OF customs appeals by the provi-
sions in the tariff act of August 5. 1909
may be urged In support OF the creation
of the commerce court
In order to provide a sufficient num-
Der OF judges to enable this court to be
constituted II will be necessary to au-
thorize the appointment of fve ado
rionaI circuit judges. who. for the par
poses of appointment, might be distrib-
uted to those circuits where there is al
the present time the largest volume oil
business such as the second. third. fourth
seventh and eighth circuits The ac,
should empower the chief Justice at any