The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1910-01-13

Washington, Jan. THE following is
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
80 regulate commerce between the states
and with foreign countries, and said that
] would bring this subject-matter to your
8ttentiOn later in the session. According
1y, I beg to submit to you certain recon-
nendations as to the amendments to the,
Interstate commerce law and certain con-
@iderations arising out of the operations
of the antitrust law suggesting the wis
com of federal incorporation of indus
trial companies.
Interstate Commerce Law.
In che annual report of the interstate
commerce commission for the year 1908,
attention is called to the fact that be-
tween July l, 1908, and the close of that
year, l6 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;
mat the questions presented by these va
rious suits were fundamental, as the con-
stitutouality of the act itself was n is
sue, and the right of congress l. dele
gale to any tribunal authority to estab-
NGu an Interstate rate was denied but
That peshaps the most serious practical
question raised concerned the extent of
thH right of the courts to review the or
defs or the commission; and it was point
ed out that If the contention of the car
Tsf..Y i'm, & ,t.s Lot
teined, but little progress had been
made in the Hepburn act toward the eff
fective regulation of Interstate transpor-
lation charges. In IL of the cases re-
ferred to- 1t was stated, preliminary in
functions were prayed for, being granted
in six and refused in six
1T has from the first been we'll under
stood, says the commission that the
success OF the present act as a reglilat-
ing measure depended largely upon the
facility with which temporary iniunc-
tons could be obtained If a railroad
company, by mere allegation in its bill
OF complaint, supported by exparto affi-
daVits, can Overturn the result of davs
of patient investigation, no very satfsfac-
tory result can be expected. The railroad
Hoses nothing by these proceedings since
TT they fall it can only be required to
establish the rate and to paw to SINNERS
collected and the rate which is finally
held to be reasonable. In point of fact
II usually profits, because 1t can seldom
De required to return more than a frac-
ton of the excess charges collected.
In its report for the year 1909 the com
mission shows that of the II casas ra
ferred to in its 1908 report, only one had
been decided in the supreme court OF the
United States, although five other cases
I'm hoe
tribunal in October 1909
OF course, every carrier affected b,, an
order of the commission has a cons+i+,,
tonal right to appeal to a federal co,r+
20 protect 1t from the Enforcement of an
order which 1t may show to be nri,na
1acle conhscatory or unjustly discrimina
tory in its effect; and as this aDnlica tJo,
may be made to a court in any district ~
the united States, not only does delav
result in the enforcement of the order
but great uncertainty is caused bv con.
trariet of decision.
The questions presented bv these az
phcatons are too often tecbnicoI =.
their character and require a lxnov71olz.ra
OF the business and the mastery ~ -
great volume Of conflicting evi6oroa
which is tedious to examine ana 49,,
blesome TO comprehend. 1t would NOT ha
proper to attempt to deprive any CO..
GtA eStipA VI titG IlSNI TO the ~
q court of any order or decree 1vbiohS
if undisturbed, would rob it OF a easo,,
able return upon its investment or woyId
subject 1t to burdens which wouId I'm,
justly discriminate against il and IL e.
Vor OF other carriers similarly situa+a5
what IS however, or supreme imnor-
tance IS that the decision of such oIes-
uons shall pc as speedy as the nature of
the circumstances will admit avs So
uniformity n NAAeNt
as to bring about an effective. svste,,
attic and scientific enforcement of az.
= commerce law, rather than con f1iotir, ~
cisions and uncertainty of final res,,I+
Recommends Court of Commences
For this purpose recommend a.
establishment of a court of the Trnita5
States composed of five Judges dnSierN
mated for such purpose from among +6a
circuit judges of the United States ~
be known as the United States co,,nt
of commerce." which court shall ~
clothed with exclusive original 4urisa;a~
ton over the following classes Of cases
% All cases for the enforcement 9th.
erwise than by adjudication and colier-
ton, of 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
t2) All cases brought to enjoin, set
aside, annul Or suspend any order or
requirement of the interstate commerce
commission.
(3) All such cases as under section 8
of the act of February 10, 1908, known
as the ElSins act" are authorized to
be maintained in circuit court of the
United States.
90 All such mandamus proceedings
MS under the provisions OF section 20 Or