Ladysmith news-budget. [volume] (Ladysmith, Rusk County, Wis.) 1907-1927, 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
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 to submit to you certain recon-
mendations as to the amendments to the
interstate commerce law and certain con-
siderations arising out Of the operations
of the antitrust law suggesting the wis
dom of federal Incorporate ton Of indus
trial companies.
Interstate Commerce Law.
In the annual report of the interstate
commerce commission for the year 1908,
attention is called 10 the fact that be-
tween July /, 1908, and the close of that
year. 16 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;
that the questions presented by these va
rious suits were fundamental. as the con-
stitutionality of the act Itself was in is
sue, and the right of congress to dele
gate to any tribunal authority to estab-
l1Sh 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
0ers OF the commission; and 1t was point
ed out that if the contention of the car
riers in this latter respect alone were sus-
tanned, but little progress had been
made in the Hepburn act toward the ef
tla%4
tation charges. In II of the cases re-
ferred to, it 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 regulat-
ing measure depended largely upon the
facility with which temporary injunc-
tons could be obtained If railroad
company, by mere allegation in it's bill
of complaint. supported by exparte affi-
davits, can overturn the result of days
of patient investigation, no very satisfac-
tory result can be expected The railroad
loses nothing by these proceedings since
if they fail, it can only be required to
establish the rate and to pay to shippers
the difference between the higher rate
collected and the rate which is finally
held to be reaSona bic In point of fact
1t usually profits. because it can seldom
be 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 cases re-
ferred to in its 1908 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
OF course, every carrier affected by an
order of the commission has constitu-
1nl xsov
TO protect it from the enforcement of an
order which it may show to be pr1ma-
facie confiscatory or unjustly discriuina-
tory in its effect; and as this application
may be made to a court in any district of
the United States. not only does delav
result in the enforcement of the order
but great uncertainty is caused by con-
trariety of decision.
The questions presented by these an
plications are too often technical in
their character and require a knowledp 90
of the business and the mastery of q
great volume of conflicting evidence
which is, tedious to examine and from
blesome to comprehend. 1t would not be
proper to attempt to deprive any cor
poration of the right to the review hv
a court of any order or decree which
| If undisturbed would rob it of a reason
able return upon its investment or would
subject it to burdens which would nm
justly discriminate against it and in f.
vor of other carriers similarly situated
| What is, however. of supreme i.npor
| lance is that the decision of such oues
| tons shall be as speedy as the nature of
| the circumstances Will admit, and thar
| a uniformity of decision be secured So
as to bring about effective, system
| attic and scientific enforcement of the
| commerce law, rather than conflicting de-
| csions and uncertainty of final result
| Recommends "Court of Commerce"
For this purpose | recommend the
| establishment of a 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-
| ton over the following classes of cases:
| % All cases for the enforcement 9TH
| erwise than by adjudication and collec-
| ton, of a forfeiture penalty, or by in
| Fiction of criminal punishment OF any
| order of the interstate commerce COM
| mission other than for the payment of
money.