Perth Amboy evening news. [volume] (Perth Amboy, N.J.) 1903-1959, 1910-01-07
PRESIDENT IN
MESSAGE ASKS
GREAT POWER
Discusses Interstate Com
merce and Trusts in Spe-
CiaI Document.
,pecial bu united Press Wire.


Washington, Jan. 7:-With the
reading of President Taft's special
message in congress today, the open
ing gun in the Presidents campaign
for constructive legislation was fired.
Foremost among the Presidents rec
concentrations are: "a United States
Court of Commerce" and provision
forbidding railroads to acquire capi-
ttal stock in competing lines, and
forbidding the issuance of stock
without the payment of its par value.
The message is as follows:
To the Senate and House of Represent
atives:
beg to submit to you certain recon-
mendations as to the amendments to
the interstate commerce law and GER
tain considerations arising out of the
operations of the antitrust law sug-
gesting the wisdom Of federal incor
poration of Industrial companies.
Interstate Commerce Law.
In the annual report Of the interstate
commerce commission for the year 1908
attention is called to the fact that be-
tween July l. 1908, and the close Of
that year sixteen 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. In twelve of the
cases referred to, 1t was stated, pre-
liminary injunctions were prayed for,
being granted In six and refused in six.
OF course every carrier affected by
an order of the commission has con-
stitutionaI right TO appeal to u federal
court to protect 1t from the enforce
ment of an order which 1t may show
to be prima facie contiscatory or un-
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 the order, but
great uncertainty is caused by contra
rietS Of decision. 1t would not be
proper to attempt to deprive any cor
poration of the right to the review by
q court of any order OF decree which,
II undisturbed, would rob it of rea-
Honable return upon its Investment or
would subject 1t to burdens which
would unjustiy discriminate against 1t
and IN favor of other carriers similar
ly situated. What is, however, OF SUI
preme Importance is that the decision
of such questions shall be as speedy
as the nature of the circumstances
will admit and that uniformity OF
decision be secured.
For this purpose l 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
pourt of commerce" which court shall
be clothed with exclusive original juris-
hiction over the following classes of
cases:
First.-All cases for the enforcement,
otherwise than by adjudication and
collection of forfeiture or penalty or
by infiiction of criminal punishment, of
any order of the interstate commerce
commission other than for the payment
of money.
Second.-All cases brought to enjoin,
set aside, annul or suspend any order
or requirement of the interstate com.
merce commission.
Third. All such cases as under sec
tion of the act Of Feb. 10, 1903,
known as the "Elkins act" are au-
thorized to be maintained In circuit
court of the United States.
Fourth.-All such mandamus pro-
ceedlngs as under the provisions Of
section 20 or section % of the inter-
state commerce law are authorized to
be maintained In a circuit court Of the
United States.
In order to provide a sufficient num-
ber of Judges to enable this court to
be constituted. 1t will be necessary to
authorize the appointment of five ad-
ditional circuit judges. Annual COM
pensation of $4,000 should be pro
vided.
Review by the Supreme Court.
The regular sessions of such court
should be held at the capital, but IL
should be empowered to hold sessions
Ia different parts of the United States
Ii found desirable, and its orders and
Judgments should be made final, sub
ject only to review by the supreme
court of the United States, with the
provision that the operation of the de
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