Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-01-07
president URGES
COMMERCE COURT
sUBMlTs MESSAGE TO CONGRESS
Asking FOR POWER TO EN-.
FORCE LAWS.
COMMERCE COMMISSION WEAK
UNDER PRESENT STATUTES
RaiIrosds at Present Stop All Import.
ant Rulings by Resort to lnjunctions
Abuse Right Of Appeal-Taft
Would Have Court of Five Judges
Established.

Washington, Jan. 1.-THE presidents
special message on the interstate COM
merce and antitrust laws was laid he-
tore the house today. Both republicans
and democrats followed the reading
closely. Townsend, of Michigan. who
was among the most attentive listen.
ers, was understood to have in his pos
session the administration bill cover
Ing the message recommendations The
measure will be introduced Monday
next. When the reading was concluded
the message was referred to appropri-
ate committees.
The presidents recommendations for
changes in the interstate commerce
laws include:
Court OF commerce to determine an
peals from commission, the only appeal
from this court lying in the United
States supreme court
prosecution of cases in courts trans
ferred from the commission to the de.
partment of justice.
Rate pooling allowed under sinner.
vision of the commission.
commission empowered to pass unon
freight classifcations and hold up new
rates or classif1cations by the railroads
until their reasonableness is investi.
gated.
Shippers to have choice Of routes ON
thru freight.
Washington, Jan. 7.-Urging con-
gress to enact law to facilitate ad-
justment Of complaints before the in
terstate commerce commission by the
establishment OF court of commerce
and to further strengthen the COM
merce board. President Taft today laid
before the house his suggestions. in a
special message. Regarding the made
quacies of tho present laws and the
need for further legislation. the presi-
dent says:
I withheld from my annual message
discussion OF needed legislation un-
der 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. Accordingly I beg to submit
to you certain recommendations as to
the amendments to the interstate COM
merce law and certain considerations
arising out of the operations of the
antitrust law suggesting the wisdom
of federal incorporation of industrial
companies.
interstate Commerce Law.
In the annual report Of the inter-
state commerce commission for the
year 1908 attention is called to the fact
that between July 1, 1908, and the close
of that year sixteen suits had been
begun to set aside orders of the COM
mission (besides one commenced before
that date), and that few orders of
much consequence had been permitted
to go without protest: that the cues
tons presented by these various suits
wer@ fundamental as the constitu-
tionality of the act itself was in issue
and the right of congress to delegate
to any tribunal authority to establish
am Interstate rate was denied; but that
perhaps the most serious practical
question raised concerned the exten of
the right Of the courts to review the
orders of the commission; and it was
pointed out that if the contention of
: the carriers In this latter respect alone
were sustained, but little progress had
been made in the Hepburn act toward
the effective regulation of interstate
transportation charges. In twelve OF
the cases referred to, 1T was stated
preliminary injunctions were prayed
for, being granted in six and refused
in six.
Delay BY Injunctions.
1T has from the first been well ln-
derstnod,' says the commission, thai
y the success of the present act as a reg
ulating measure depended largely up
on the facility with which temporary
injunctions could he obtained. If a
railroad company, by mere allegation
in Its bill of complaint, supported by
ex parte affidavits, can overturn the
result of days of patient investigation
no very satisfactory result can be ex-
pected. The railroad loses nothing by
= THESE procse 5, since il they fail il
only be required to establish the
rate and to pay to shippers the differ.
ence between the higher rate collected
and the rate which is finally held to be
reasonable. In point Of fact, it usually
profits, because it can seldom be re-
quired to return more than a fraction
of the excess charges collected"
In its report for the year 1909 tn,
commission shows that Of the seven.
teen cases referred to in its 1908 report
only one had been decided in the su.
Ypreme court of the United States, altht
y i've other cases had been argued ant
submitted to that tribunal in October
1908. !
Entitled to Right Of Appeal.
OF course, every carrier affected b,
an order Of the commission has con.
stitutionai right to appeal to fedora
court to protect 1t from the enforce.
ment Of an order which 1t may sh6v
to be prima facie confiscatory or I'M.
Justly discriminatory in its effect; and
az this application may be made to {
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