The Norfolk weekly news-journal., 1910-01-14

ne Plan 10 ALLOW courts 10 DeleT-
mine Between Reasonable" and
Unreasonable" Trusts Would
Threaten Our Whole Court System.
Washington, Jan. 7.-President Tafts
special message to congress recon-
mending amendments to the interstate
commerce and the antitrust laws was
laid before the house of Representa-
tives today. The reading Of the dccu
ment was begun without '.elay and
members on the republican and demo
cratic sides followed the clerk closely
Unusual quiet prevailed during the
reading.
Representative Townsend of Mich
gan, who was among the most atten
tive listeners, was understood to have
in his possession the administration
bill amending the interstate commerce
law in accordance with the recommen
dations of the president. This will be
introduced next Monday.
The message was referred to appro
pirate committees.
To the Senate and House of Repre-
sensatives:
! withheld from my annual message
discussion of needed legislation un
der the authority which congress ha!
to regulate commerce between the
states and with foreign countries ant
said that | would bring this subjec
matter to your attention later in the
session. Accordingly | beg to submit
to you certain recommendations as Il
the amendments to the interstate com
merce law and certain consideration
arising out of the operations of tn,
antitrust law, suggesting the wisdom
of federal incorporation of industrial
companies.
Interstate Commerce Law.
In the annual report of the interstat,
commerce commission for the yea
1905 attention is called to the fac
that between July l, 1908, and tn,
close of that year, sixteen suits hat
been begun to set aside orders of thu
commission (beSides one commence,
before that date, and that few order
of much consequence had been permit
ted to go without protest; that tn,
questions presented by these previous
suits were fundamental, as the consti
tutionality of the act itself was in is
sue, and the right of congress to dele
gate to any tribunal authority to estah
lish an interstate rate was denied
but that perhaps the most serious praC
teal question raised concerned the eX
tent of the right of the courts to re
view the orders of the commission
and it was pointed out that if the con
tention of the carriers in this latte
respect alone were sustained, but lii
tie progress had been made in thu
Hepburn act toward the effective regu
lation of interstate transportation
charges. In twelve of the cases re
ferred to, it was stated, preliminar,
injunctions were prayed for, beini
granted in six and refused in six.
1T has from the first been well M
derstOod," says the commission, tina
the success of the present act as
regulating measure depended largel
upon the facility with which temporar
injunctions could be obtained. II
railroad company, by mere allegation
in its bill of complaint, supported b,
eXparte atfidavits, can overturn tn
result of days of patient investigation
no very satisfactory result can be eS
pected. The railroad loses nothing b,
these proceedings, since, If they fai
it can only be required to establish tn
rate and to pay to shippers the differ
ence between the higher rate collected
and the rate which is finally held T.
he reasonable. In point of fact |
usually profits, because it can seldom
be required to return more than
fraction of the excess charges collect
ed"
Injunctions Annul Hepburn Act.
In its report for the year 1909, thu
commission shows that OF the seven