The Bridgeport evening farmer., 1910-01-07
MORE POWER ASKED.
wcdld Extend Scope of Con-
 missions Work.
FOR FEDERAL lACORpORlTION
Radical Changes In Two lmpof-
 tant laws Urged.

Washington, Jan. 7.-President Taft sent to congress the following special message on the proposed amendments 10 the interstate commerce and anti trust laws;
 B. the Senate and House of Represent
 atfves:
 beg to submit to you certain recom- pendations as to the amendments to fhe Interstate commerce law and cer- tain Considerations arising out of the \ operations of the antitrust law sng- Eesting the wisdom of federal incor- poration of industrial companies.
 Interstate Connmerce Law.
 In the annual report of the interstate sonlneree commission for the year lyos attention is called to the fact that be- tween July l. 1908, and the close of that year sixteen suits had been begun 60 set aside orders of the commission {besides one commenced before that date) and that few orders of much eonsequenee had been permitted to go without protest. In twelve of the eases referred to, it was stated. pre- 1Iminary injunctions were prayed for, being granted in six and refused in six.
 Of course every carrier affected fby m order of the commission has con Btitutional right to appeal to a federal court to protect it from the enforce ment of an order which it may show <rxN rfr FoT G~o justly discriminatory in it's effect, and as this application may be made to q 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 r1ety of decision. It would not be proper to attempt to deprive any cor poration of the right to the review by a court of any order or decree which, if undfsturbed. would rob it of q req 1onable return upon it's investment or would subject it to burdens which would unjustiy discriminate against it and in favor of other carriers similar 1y situated. What is, however. of su- preme importance is that the decision of such questions shall be as speedy as tine nature of the circumstances will admit and that uniformity of decision be secured.
 For this purpose 1 recommend the establishment of a court of the United states composed of five judges desig- hated for such purpose from among the circuit judges of the United States, 10 be known as the United States court of commerce." which court shall be clothed with exclusive original juris- diction over the following classes of cRses:
 FIrst--AlI eases 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 CT requirement of the interstate com merce commission ] Third.-All such cases as under sec ton of the act of Feb. 19, 1903, known as the ''Elkins act,'' are au- fhorized to be maintained in a circuit court of the United States.
 Fourth.-An such mandamus pro- ceedings as under the provisions of section 20 or section g of the inter- state commerce law are authorized to he maintained in a circuit court of the United States.
 IVY In order to provide sufficient num- Der of judges to enable this court to be constituted. it will be necessary to authorize the appointment of five ad- difional circuit judges. Annual com pensation of s10.OOO should be pro- vided.
 Review by the Supreme Court.
 The regular sessions of such court should be held at the capital, but it should be empowered to hold sessions in different parts of the United States if 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 cree appealed from shall not be stayed unless the supreme court shall so or der The commerce court should be empOwered in its discretion to restrain oh suspend the operation of an order of the interstate commerce colnmis- sion under ac,ru setr!ing the final hearing and sleiprniination of the pro- ceeding. but no such restraining order should be made except npon notice and after nearing unless in cases where frrerarahie damage would oth- erwise ensue to the petitioner A judge of that court might he empowered to allow stay of theg commissions or der for a period of not. more than sixty days. but pending duplication to the court for its order or injunction. then only where his order shal con tain specific finding. based upon evi- dence submitted to the judge making the order and Identified by reference