Vernon County censor. [volume] (Viroqua, Wis.) 1865-1955, 1910-01-19
incorporation
TAFT'S THEME
SPECIAL MESSAGE FAvoRs
POOLING AND CLOSER
CONTROL.
LIMITATION ON STOCK AND
BOND ISSUES AND FEDERAL
Incorporation.

Washington, Jan. SIN a special
message to congress yesterday, Pres
ident TAFT urged the establishment of
a court composed of five judges tat
$4,000 salary each) from among the
circuit judges of the United States, to
/ be known as the court of commerce.
which court shall be clothed with ex-
elusive original jurisdiction over the
| following classes of cases:
/. All cases for the enforcement,
otherwise than by adjudication and
collection of a forfeiture or penalty,
or by infection of criminal punish
ment, of an order of the interstate
commerce commission other than for
| the payment of money.
2. All cases brought to enjoin, set
aside, annul or suspend any order or
requirement OF that commission.
| 3. All such cases as under section
3 of the Elkins act, are authorized to
be maintained in a federal circuit
court.
A. All such mandamus proceedings
as under the provisions of section 20
or section % of the interstate com
merce law are authorized to be main
tanned in circuit court of the United
States.
Reasons precisely analogous TO
those which induced congress to Gre
ate the court of customs appeals by
the provisions in the tariff act Of 1909,
are urged in support of the creation
of this commerce court. The object
of this court is to prevent railroads
from thwarting the operation of the
commerce law by dilatory proceedings
| in court. The commission in it's re-
port for 1909 shows that of the IT
cases begun by the roads in 1908 to
! set aside orders of the commission,
only one had been decided in the SUI
preme court of the United States, al
though five other cases had been ar
gued and submitted to that tribunal
in October, 1909.
1t would not be proper, says the
president, to attempt to deprive any
corporation of the right to the review
by court of any order or decree
which, if undisturbed, would rob it
of a reasonable return upon its in
vestment or would subject it to bur-
dens which would unjustly discrimin
ate against it and in favor of other
carriers similarly situated. What is,
/ however, of supreme Importance is
| that the decision of such questions
shall be as speedy as the nature of
the circumstances will admit, and that
a uniformity of decision be secured
so as to bring about an effective, sys-
! tematic and scientific enforcement of
the commerce law.
| In order to provide a sufficient num-
Der of judges TO enable the new court
to be constituted it will be necessary
to authorize the appointment of five
additional circuit judges, who might
be distributed to those circuits where
there is at the present time the larg-
est volume of business. The court
should be empowered to hold sessions
in different parts of the United States
If desirable: and it's orders and judg.
ments should be made final, subject
only to review by the supreme court
of the United States with the provis-
ion that the operation of the decree
appealed from shall not be stayed I'M
less the supreme court shall so order
The commerce court should be en-
powered to suspend the operation of
an order of the commerce commission
under review pending final hearing
and determination, but no such re-
straining order should be made except
upon notice and after hearing, unless
in cases where irreparable damage
would otherwise en- ;ue.
Would Permit Pooling.
In view of the complete control over
rate-making and other practices of
interstate carriers established by the
acts of congress and as recommended
in this communication, the president
sees no reason why agreements be-
tween carriers, specifying the classi-
fications of freight and the rates,
fares, and charges for transportation
of passengers and freight which they
may agree to establish, should not be
permitted, provided, copies of such
agreements be promptly filed with the
commission, but subject to all the pro-
visions of the interstate commerce act
and subject to the right of any
parties to such an agreement to can
eel it as to all or any Of the agreed
rates, fares, charges or classifications
by thirty days notice in writing to
the other parties and to the commits
sion.
The president thinks that the law
should provide that carrier, upon
written request by an intending ship
!; per. should quote in writing the rate
or charge applicable to the proposed
shipment under any schedules or tar
IFS to which the carrier is party, and
that if the party making such request
suffered damage in consequence of
either refusal or omission to quote the
proper rate, or in consequence of a
reinstatement of the rate, the carrier
shall be liable to a penalty. The
president sees no reason why the COM
mission should not be authorized to
act on its own initiative as we'll as
upoa the complaint of an individual
in investigating the fairness of any
existing rate or practice; and he
/ recommends the amendment Of the
law to SO provide; and also that the
commission shall be empowered to
Y pass upon tae classificationS of com
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