The sun., 1910-01-04

Kusiei by the action OF the Senate
toward the end of Mr.. Roosevelt's Ad-
nnfnisuration IN adopting rule which
directed the return of bills sent 70 the
Senate for passage by the head OF any
Government Department.
Tho President has construed this order
of the Senate as notice that the Senate
feels capable of drafting it's own measures
and therefore IL either house wants TO see
the bills prepared it will have TO apply
for them of its own volition at 1900 Penn
sylvania avenue Senator Tillman once
referred TO a colleague who presented a
measure drawn under Mr.. Roosevelt's
direction as "a spaniel Senator who re-
tTisved this bill from the White House.
Mr.. Taft apparently does not care to have
any spaniel Senators on his stan.
In their conference with President
Taft and Acknowledgement Wickersham
to-day the discussion was given up al
most entirely to detailed suggestions OF
changes in the provisions OF the Admins
tration's interstate commerce bill. Sew
efal OF these suggestions. some OF them
intended to make clearer the responsi-
(, bilities fixed on the railroads and others
merely verbal. were adopted by the
President, who will make the necessary
changes in the bill and his special mes
sage
The Administration bill provides for
the creation Of a commerce court IN which
10 70 be vested exclusively the jurisdiction
now possessed by the Circuit and the
Appeals Of the United States in regard
70 the enforcement or review Of orders
Of the Interstate Commerce Commits
sion. II Is provided also that applica-
lions for injunctions TO restrain the com
missions orders shall be heard by this
court. from which the only appeal will
Be to the Supreme Court Of the United
States, and then only in cases where
constitutional question is involved.
The railroad presidents offered objec-
fion to the creation OF the commerce
court on the ground that it would amount
20 the creation OF another Interstate
Commerce Commission and thus compel
the railroads to deal with two commissions
Indicated that he would not change his
sv1ews with respect to the commerce
court.
arguments were advanced by the rail
road men against the provision Of the
2 Administration bill forbidding interstate
railroad companies to borrow money on
promissory notes for a longer period than
twelve months or to raise money through
additional issues OF stocks or bonds unless
under conditions prescribed by the Inter
state Commerce Commission. The rail-
road presidents insisted that this would
prevent their companies from raising
large sums OF money. frequently necee-
a4ry Tor new conStructlo and Tor other
legitimate purposes, and they presented
a. number OF additional reasons why in
their opinion it should be eliminated
from the bill Nothing appeared, how
ever 70 indicate that the President in
tended 70 make any change in the pro-
Ohjeetion was made also to those fea-
tzireB 81 the Presidents bill compelling
c&fn{5eting carriers TO unite in fixing a
fnfollgh rate and giving shippers the right
t8fdesiguate routes over which their ship
n9&nks shall. be carried. There were
o&iectiopk advanced TO the provisions of
thb Administration measure giving to
fMA Interstate Commerce Commission
the right to postpone the date when
. new rate or classification shall take effect
and the right to suspend. modify'o or annul
changes IN rules or regulations regarded
hT the commission as imposing undue
bNfdene on the shippers.
Another feature Of the bill which met
csIficism was the proposed provision
r8ouring the agent of railroad COM
p&6y TO inform a shipper the amount OF
lines served as carriers. 1t has been
maintained that the shipper should ascer-
tain this information for himself from the
rate and classification sheets and not sub
je&t a railroad agent. many of whom are
merely ticket sellers and baggage men. to
q ane for making an error. While il was
Eathered that some verbal changes will
be made to make these provisions clearer
the understanding was JnaJ Une mOdl-
fiqations- viii not be material.
The text of President Taft's antitrust
massage. which will be presented to Con-
Gress on Thursday, was sent to the Gov
eEpnent Printing Office this afternoon to
A EXPLAINED heretofore in Washington
dispatches 10 THE SUN, il will give the
Presidents reasons for believing that no
axnendments to the Sherman law are
NECESSARY. but that legislation supple.
n1ontary to the law should be enacted
providing for the Federal incorporation
Of interstate corporations except rail-
roads. A bill has been drawn by Attor-
ney- General Wickersham embodying the
ideas advocated by the President in his
message,
The President will urge that Congress
enact a law prescribing conditions under
which corporations may obtain certifi-
Gates of incorporation from the Depart
Ynent of Commerce and Labor TO do an
interstate business. Such conditions as
are prescribed by Congress, such as
hint ting issues of stocks, bonds, &C.. must
becomplied with by corporations. accord
ing to the Administration view before a
certificate OF incorporation shall be
granted
After a study OF judicial opinions on
the ssb1eot- the President apparently has
come 70 the conclusion that once a certifi-
cate Of Incorporation is granted under
general authority OF Congress it cannot
DO revoked by the Executive, as it is
property and also contract, and to OBJ
tain It's revocation the Government must
proceed through suit instituted in the
Federal courts.
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