The Mena weekly star., 1910-01-13

Washington, Jan. 1.-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: I 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 | would bring this subject-matter to your attention later in the session. According ly, beg to submit to you certain recom- nendations as to the amendments to the interstate commerce law and certain con- alterations 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 l. sos. 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 stitutonalify of the act itself was in is- sue, and the right of congress to dele- gate to any tribunal authority to estab- fish 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 1t was point ed out that if the contention of the car- riers in this latter respect alone were sus- tained, but little progress had been made in the Hepburn act toward the ef- fective regulation of interstate transpor- tation charges In F of the cases re- ferred to, it was stated, preliminary in- functions were prayed for, being granted In six and refused in six.
 Tt has from the first been well under stood" says the commission that the success of the present act as a reguIat- Ing measure depended largely upon the facility with which temporary iniunc- tions could be obtained If railroad company, by mere allegation in its bill of complaint, supported by exparte aff- 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 If they fall, 1t 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 frac- ton of the excess charges collected"
 In it's report for the year 1909 the com mission shows that of the F cases re- ferred to in it's 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 Tn October 1909
 Of course. every carrier affected bv an order of the commission has a constitu- tional right to appeal to federal court 10 protect ft from the enforcement of an order which 1t may show to be prima- facie confiscatory or unjustiy discrimina- tory In it's effect and as this application may be made to 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 con trariety of decision.
 The questions presented by these ap- plieations are too often technical in their character and require knowledge Of the business and the mastery Of great volume of conflicting evidence which is tedious to examine and trou- blesome to comprehend. It would not be proper to attempt to deprive any cor poration of the right to the review bv court of any order or decree which. If undisturbed. would rob it of q reason- able return upon It's investment or would subject 1t to burdens which would un- justly discriminate against it and in fa- vor of other carriers similarly situated. What is, however, of supreme impor- tance is that the decision of such ques- tions shall be as speedy as the nature of the circumstances will admit and that uniformity of decision be secured so as to bring about an effective, systen- atic and scientific enforcement of the commerce law. rather than conflicting de- cisions and uncertainty of final result
 Recommends Court of Commerce.
 For this purpose I recommend the establishment Of . 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 court of commerce." which court shall be clothed with exclusive original jurisdic- ton over the following classes Of cases:
 (i) All cases for the enforcement. oth- erwise than by adjudication and collec- llan. Of D forfeiture or penalty. or hy ln- niotion of criminal punishment. of any Continued on second paxel
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