The Green Forest tribune., 1910-01-14

~ashlngton, Jan. 1.-The following is
 oSiuent 1aIt message to congress on
 the subject of needed legislation re-
 saiolhs the interstate commerce law and
 the control of the trusts:
 To the Senate and House of Renresent-
 atlVes: l withheld from my annual mes
 sage discussion of needed legislation
 under the authority which congress has
 to regulate commerce between the states
 ana with foreign countries, and said that
 would bring this subject-matter to your
 attention later in the session. According
 ", beg to submit to you certain re:om-
 ihehuatlons as to the amendments 10 the
 interstate commerce law and certain con
 eiaefauons arising out of the operations
 ol the antitrust law suggesting the wis
 uoih or federal incorporation of indus
 trial companies
 Interstate Commerce Law.3
 In the annual report of the interstate
 commerce commission for the wear 1908
 attention is called to the fact that be-
 tween July l, 1908, and the close of that
 year 10 suits had been begun to set aside
 oluefs or the commission (besidbs one
 commenced before that date). and that
 1eW orders of much eonseouence had
 been permitted to go without r5rotest:
 that the questions presented by fl4.lsa va
 rious suits were fundamental as the con
 slilutionallty of the act itself was in is-
 sue, ana the right of cor gross to dele-
 sate to any tribunal authority to esrah-
 @ 4,eh af interstate rate was denied. but
 that perhaps the most selious nraetfqal Iuestioh raised concerned the eEtent of. the rght Of the courts to review the orlf oSiS ol the commission; and it was point,
 GU out that Ii the contention of inc car
 tleis ti Ill tflls latter respect alone were sus1k
 .ainea, put httle progress had bee
 made In the Hepburn act toward the etis e .ecuVe regulation of interstate transpofe
 .aeion charges. In F of the ehses IT
 iefred to, 1t was stated, preliminary i,,pn !uhctlohs were prayed for, being grant D :. Tn six and refused in six. Oa
 It mas from the first been well unde'1in stooo' says the commission. "tbat
 success of the present act as regns ,,,, Ing measure depended largely upon Iaclilty with which temporary iniuIIfOl .iohs could be obtained If a raiIrota if, company, by mere allegation in it's r.
 o1 coinPlalnt. supported by exparte aoS of e.; can oVerturn the result of dretu ol patient investigation no very satst
 tory result can be expected. The railre
 loses nothing ny these proceedings sb
 II eiiey Tall. n only be required Cu tba aiseA tneA sse and to pay to shiprtive on1 onu alHerencS between the higher t: Soilected cone and the rate which is ming held to be reasonable. In point of cms IL usually profits, because it cf,n sch. ~ oe requlred to return more than 4 c3ufo tion of the excess charges coilected
 Tn US report for tho yesttN isSs~ s,.,..., tho, mission shows that of the 17 c.l 1erred to in it's 1908 report only been decided in the supreme courl aa united States. although five othei ou. had been argued and submitted OrCE tribunal in October 1909 np
 or course, every carrier affeote, oaik oraef or the commission has c thGll uonai right to appeal to federI p,aT 10 protect it from the enforceneni
 order which 1t may show to ha l ,El facie confscatory or uniust1v discl IF tory Tn US effect and as this annl WjtE may De made to court in any disd D QSl the United States not only doeI Abkuf result in the enforcement of tbolfI put great uncertainty is caused II 9nt, ! frariety of decision lh- '
 me questions presented by thu rIr pilcatlons are too often technikr{4f- n their character and require A pr the business and the masterVl |, great volume of conflictine eA | which is tedious to examine anHr1 olesome to comprehend. It wo1Ild U,h,Hml proper to attempt to deprive arIlaoJ afI ooration of the right to the rev}'pnI 1al l court of any order or decree liz Hn~i f undisturbed, would rob 1t of . ,Isyoh lble return upon it's investment oJ sitI SsI 'ubject it to burdens which wo,I {,v | Er ! ustly discriminate against it and 1eonI Ek TOT Of other carriers similarly sEstpaI u s W nat IS, however, of supreme i'm t] ance is that the decision of sucH n IT. ions shall be as speedy as the naItpr N he circumstances will admit anfd tIlA uniformity of decision be secIIrad II IS to bring about an effective Jvge | tic and scientific enforcement of 1EA I law, rather than confiet no II | isions and uncertainty of final res, Recommends Court of Cornre rec
 For this purpose I recomrnend ais | of a court Of the IfnfsI9M | 'tates composed of five judges dsJE ated for such purpose from amo.;y IE ircuit judges of the United States e known as the United States oo o,'e f commerce. which court sfau q lothed with exclusive original iiIrisi, ion over the following classes of ca, "''
 O All cases for the enforcement n rwise than by adjudication and col r
 ion, of forfeiture or penalty or by tSi iction of criminal punishment idc rder of the interstate comlner no H4y lission other than for the payW,h 1s4. loney. Yb1 @ All cases brought to emit onyae. side, annul or suspend any oi equirement of the interstate cG e!rN I,i.sii0s; @s1 All such cases as under .,pofndlSs the act of February 19 1s03,p plelt noh6 s the Elkins act," are authosIkHFN lTN 2 maintained in a circuit courtI fSihstW nited States eieahM (D All such mandamus procssI ateuAN 3 under the provisions of sectitregFp'e t sction 23 of the interstate cSejhkoselM w are authorized to be maintaiiah rNs, .o& rcuit court of the United State yroi lM Reasons precisely analogous telo .s'h 0 hich induced the congress to cFs,n nam 3 'urt of customs appeals by thro5n F. ons in the tariff act of August In iM ay be urged in support of tha mel katurE
 the commerce court HN kkane iM H. order to provide a suff1o1&xr "kyoodkF IT of judges to enable this on(iM ,TouuA% 1t will be necessaxwr al f,rnmSH orize the appointment of 1W Fe$he IVY onal circuit judges, who. fdff8n khe f6T 'ses of appointment, might lR2e, .1sonse4F ed to those circuits where 01eaa NhouHg, e present time the largest $yo rOS3<ove Fl lsiness such as the second, third no oboweHf venth and eighth circuit sSl.lg :, Ecien n Ould enpoWer the chief i,im89Aiy X..;1, X<f