Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-01-08


sage ON the interstate commerce and
anti trust laws, submitted in both
houses Of Congress today:
ro the Senate and House of Repre-
scntativeS:
withheld from my annua! message
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
10 your attention later in the session.
Accordingly. | beg to submit to you
certain recommendations as to the
amendments to the interstate COM
merce law and certain considerations
arising out of the operations of the
antitrust law suggesting the wisdom
of federal incorporation of Industrial
companies.
INTERSTATE COMMERCE LAW
In the annual report of the interstate
commerce commission for the year 1905
attention is called to the fact that be-
tween July /, 1908. and the close of that
year sixteen suits had been begun to
set aside orders of the commission (be-
sides one commenced before that date
and that few orders of much conse-
qucnce had been permitted to go with
out protests; that the questions pre-
sented by these various suits were
fundamental as the constitutionality of
the act itself was in issue, and the
right Of Congress to delegate to any
tribunal authority to establish an in
terstate rate was Denied but that per-
haps the most serious practical ques-
ton raised concerned the extent of the
right of the courts to review the orders
of the commission; and it was pointed
out that if the contention of the car
riers in this latter respect alone We're
sustained. but little progress mad been
made in the Hepburn act toward the
effective regulation of interstate trans
portation charges. In twelve of the
cases referred to. it was stated, pre-
liminary iniunCtions were prayed for.
being granted in six and refused in
six.
at has from the first been well UNI
derstood,' says the commission, that
the success of the present act as a reg
t,JatjrfE. uiea sure flcr,-IIded largely upon
the facility with which temporary in
functions could be obtained. If a rail-
road company. by mere allegation in
its bill of complaint, supported by ex-
partG a.lidavits, can Overturn the result
Of DAYS of patient investigation, no
very satisfactory result can be expect
ed. The railroad loses nothing by these
proceedings. since if they fail it can
only be required to establish the rate
and to pay shippers the difference be
tween the higher rate collected and the
rate which is finally held to be rea-
sonablc. In point of fact it usually
profits. because it can seldom be re-
+ CURED 20 return more than fraction
OF the excess charges collected"
In IT'S report for the year 1909 the
commission shows that of the seven
teen cases referred to in its 1908 re
port, only one had been decided in the
supremc court of the United states. al
though five other cases had been ar
gucd and submitted to that tribunal
In October, 1909.
OF course. every carrier affected by
an order of the commission has a con-
stitutional right to appeal to federal
court to- protect it from the enforce
ment of an order which it may show
to be prima faci" confiscatory or I'M
Justly discriminatory in its effect; and
as this application may be made to a
court in any district OF the United
States. not only does delay result in
the enforcement Of order, but great
uncertainty IS caused by contrariety
If decision. The questions presented
by these applications arc too often
technical in their character and re-
qlirc a knowledge of the business and
the mastery of great volume Of con-
ficting evidence which is tedious to
examine and troublesome to comprc-
tempt to deprive any corporation of
the right 10 the review by court OF
any order or decree which. if unds-
turbed would rob it of reasonable
return upon its investment or would
subject it to burdens which would I'M
justly discriminate against it and IN
favor of other carriers similarly situ-
ated What is. however. of supreme
Importance is that the decision of such
questions shall be as speedy as the
nature Of the circumstances will ad-
NIT, and that uniformity of decision
be secured so as to bring about an
effective. systematic. and scientific en-
forremcnt Of the commerce law. rather
than conflicting decisions and uncer-
tainty of final result.
For this purpose I 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 Omitted States Court
Of Commerce" which court snail be
Clothed with exclusive original Jurls-
diction over the following classes OF
eases:
W-All cases for the enforcement
Otherwise than by adjudication and
Collection of forfeiture or penalty. OF
oy inniction of criminal punishment, OF
an order of the interstate commerce
commission other than for the payment
OF money
Gall cases brought to enjoin. set
aside. annul or suspend any order or
'equir3ment of the interstate commerce
commission -. $780,.
H)-Al such cases as under section
Sof the Act of February 10, 1903. known
as tho '"Elkins act" are authorized to