The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1910-01-08

Washington. Jan. president TAFT $
special message to congress recon-
Inending amendments to the Interstate
commerce and antitrust laws was laid
before the house of representatives to-
day.
The reading of the document was be-
gun without delay. and members oil
both the republican and democratic
sides followed the clerk closely. Tn
usual quiet prevailed.
Representative Townsend. Of Mich
igan. who was among the most at
tentive listners. was understood TO
have in his possession the administra-
tion bill amending the interstate com
mercc law in accordance with the rec
concentrations of the president. This
will be introduced next Monday morn
ing.
The message was referred to the ap-
pointed committees.
The text of the message follows:
To the senate and house of represen-
tatives-I withheld from my annual
message a discussion Of needed legisla-
ton under the authority which congress
has 10 regulate commerce between the
states and with foreign countries and
said that l would bring this subject
matter to your attention later in tire
session. Accordingly. ! beg to submit
To yen certain recommendations as to
the amendments to the interstate
commerce law and certain considera-
tions arising out OF the operations Of
the antitrust law. suggesting the wis
dom OF federal incorporation Of indus
rial companies.
Intsrstss Commerce Law.
In the annual report of the inter-
state commerce commission of the year
1908 attention Is, called to the fact that
between July l. 1908, and the close OF
that year. 16 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-
quence had been permitted to go with
out protest: that the question pre-
sented by these various suits were fun
damcntal 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,
perhaps. the most serious practical
question raised concerned the extent
OF the rights OF the courts to review
the orders OF the commission: and il
was pointed out that, IL the contention
OF the carriers in this latter respect
alone was sustained. but little progress
had been made In the Hepburn act to-
ward the effective regulation Of inter-
state transportation charges. In ~ of
the cases referred I'd. II was stated.
preliminary injunctions were prayed
for. being granted In six and refused
i'm six.
Where II Is Weak.
1t has from the first been we'll un-
derstood.' says the commission. that
the success of the present act as a
regulating measure depended largely
upon the facility with which tempor-
ary injunctions could be obtained. II
n railroad company, by mere allega-
tion in its bill of complaint. supported
by ex-parte affidavits. can overturn
the result of days of patient investi-
cation, no very satisfactory result can
be expected. The railroad loses moth
ing by these proceedings, since, If they
faiL it can only be required to estab-
lish the rate and to pay the shippers
the difference between the higher rate
collected and the rate which Is finally
held to be reasonable. In point of fact
II usually profits. because it can sell
dom be required to return more than
"A fraction of the excess charges col
lected.''
In its report of the year 1909 the
commission shows that, of the II
cases referred to in its 1908 report,
only one had been decided in the su-
preme court of the United States. al
though five other cases had been ar
sued and submitted to that tribunal
in October. 1909.
OF course every carrier affected by
an order of the commission has a
constitutional right to appeal to fed
erai court to protect it from the en-
forcement of an order which il may
show to be prima facie confiscatory or
unjustly discriminatory in its effects.
and. as this application may be made
to court in any district of the United
states. not only does its delay result
in the enforcement of the order. but
great uncertainty is caused by con-
trariety of decision.
Technical Questions
The questions presented by these ap-
plications are too often technical in
their character and require a knowl-
edge of the business and the mastery
of a great volume OF conflicting evil
dence which is tedious to examine and
troublesome to comprehend. 1t would
not be proper TO attempt to deprive
any corporation OF. the right To the re-
view by a cour, of any order or any