The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1910-01-14

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: 1 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
i 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-
slderations arising out of the operations
of the antitrust law suggesting the wis
dom Of federal incorporation Of indus
trial 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 !, 1905 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-
stitutfonality of the act itself was in is
gate to any tribunal authority to estab-
hSh 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
ders of the commission; and it was point
ed out that if the contention. of the car
riers In this latter respect alone We're sus-
tanned, but little progress had been
made in the Hepburn act toward the eff
fective regulation of interstate transpor-
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 its bill
or 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
II 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 reasonable In point of fact
1t usually profits, because it can seldom
be required to return more than a frac-
IOh VI Tie cACeSS CIldTSeS cOlI6Cte0
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 a constitu
tional right to appeal to a federal court
to protect it from the enforcement of an
order which 1t may show to be prtua
facie confiscatory or unjustly discrimina-
tory 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 bv con
trariety of decision.
The questions presented by these an.
pilcations are too often technical in
their character and require a knowledpe
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 he
proper to attempt to deprive any cor
poration of the right to the review by
a court of any order or decree which
If undsturbed, would rob it of a reason.
able return upon its investment or would
subject 1t to burdens which would un-
justly discriminate against it and in IA
vor of other carriers similarly situated
what Is, however, OF supreme impor-
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 CO
as to bring about an effective, SYSTEM
attic and scientific enforcement of the
commerce law, rather than conflicting de-
cisions and uncertainty of final result
Recommends "court of Commerce."
For this purpose 1 recommend the
establishment of a court or 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 forfeiture or penalty, or by in.
Fiction of criminal punishment of any
order of the interstate commerce COM
mission other than for the payment of
money.