The Ordway new era., 1910-01-14

Washington. Jan. 1.-THE following Is
President Taft's message to congress-
the subject of needed legislation re-
Gardlng the Interstate commerce law and
the control of the trusts
To the Senate and House of Represent
atives: ! withheld from my annual mes
sage O 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 10 submit to you certain recon-
mcndations us to the amendments to the
Interstate commerce law and certain con-
sidcrations arising out of the operations
Of the antitrust law suggesting the wis.,
dom Of federal incorporation of Indus
triul companies.
Interstate Commerce Law.
In the annual report OF the interstate
commerce commission for the year 1908.
attention IL called to the fact that be-
tween July !. 1905 and the close of that
year. IS suits had been begun to set aside
orders OF the commission tbesides 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
sious suits were fundamental. as the con-
sututlonality of the act itself was in is
sue. and the right of congress to dele
gate to any tribunal authority to estab-
lish an Interstate rate was denied: but
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 It was point
ed out that II the contention of the car
4 ricrs in this Inter respect alone were sus-
taincd. but little progress had been
mnde In the Hepburn act toward the cf-
/ fective regulation of Interstate transpor-
tntion charges. In !: OF the re-
ferred to. 1t was stated. preliminary In
4 functions were prayed for. being granted
; in six and refused in six.
"1t has from the frst been we'll under
stood" snys the commission. that the
Ssuccess Of the present act as a reGulat-
ing measure depended largely upon the
facility with which temporary injunc-
tions could be obtained. II railroad
company. by mere allegation In It's bill
OF complaint. supported by exparte am
davits. can overturn the result OF days
OF patient investigation no very satisfac-
itory result can be expected. The railroad
loses nothing by these proceedings since
II they fall. It can only be required to
establish tho 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
II usually profits. because II can seldom
be required to<return more than frac-
ton Of the excess charges collected"
4 In Its report for the year 1900 the COM
mission shows that of the II cases re-
ferrcd to In its 1905 report, only one had
been decided In the supreme court OF the
United States. although five other cases
had been argued. and submitted to that
tribunal in October. 1909
or course. every carrier affected by an
order OF the commission has a constitu-
uonal right to appeal to n federal court
to protect II from the enforcement of an
order which 1t may show to be prIma-
facie confscntory or unjustly discrimina-
tory In Its effect: and this application
mny be made to court in any district Of
the United States. not only does DELAY
1 result In the enforcement of tho order.
but great uncertainty is caused by con-
trnriety of decision.
The questions presented by these ap-
plications are 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-
besome to comprehend. 1t would not be
proper to attempt to deprive any cor
poration Of the right to the review by
a court Of any order decree which
II undsturbed. would rob It of a reason
bible return upon its Investment or would
subject It to burdens which would un-
Justly discriminate against II and in IA
yor OF other carriers similarly situated.
What Is. however. OF supreme impor-
tance Is that the decision OF such oues-
tions shall be as speedy the nature OF
the circumstances will admit and thar
a uniformity OF decision be secured 30
as to bring about an effective. system
commerce law. rather than conflicting de-
cisions and uncertainty of nnal result
Recommends "court Of Commerce."
For this purpose recommend the
establishment of 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 as the United States court
of commerce." which court shall be
clothed with exclusive original jurisdic-
ition over tho following classes of cases:
az All cases for the enforcement. 9TH
erwse than by adjudication and collec-
,tion. OF q 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.
(2) All cases brought to enjoin. set
aside. nnnul or suspend any order or
requirement of the interstate. commerce
fcOmmission.
(3) All such cases as under section )
Of tho act of February 10, 1903, known
as the "Ekins act" are authorized to
be maintained In a circuit court Of the
United States.
% All such mnndamus proceedings
} hs under the provisions of section 20 or
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 s. 1909.
may be urged in support OF the creation
OF the commerce court.
In order to provide II sufficient num-
ber of judges to enable this court to be
constituted 1t will be necessary to nu-
thorize the appointment OF five add
tional circuit Judges. who. for the pur
poses OF appointment. might he distrib-
futed to those circuits where there Is at
the present time the largest volume OF
business such as the second third. fourth
nj nd pI
should empower the chief justice at any