The enterprise. [volume] (Harlem, Mont.) 1899-1926, 1910-01-12
COMMERCE Law
AND THE TRUSTS
TREATED BY TAFT
PRESIDENT HANDLES TWO IN
PoRTANT TOPICS IN HIS sPE-
GAL MESSAGE TO CONGRESS-.
WANTS NEW COURT CREATED

Tribunal Would Hear Cases Arising
Under the Interstate Law-chief
Executive Also Urges Federal In
corporation Statute to Suppress
Abuses and Not to Destroy Le0iti-
mate Combinations Of Capital.
washington, Jan. 7.-Needed legislation
concerning the interstate commerce law
and the control Of trusts formed the sub
3ect Of President Tafts special aa,,1 message 4ta
ton to the partial failure Of the present
commerce law to get results because OF
the appeals ITS of fhs
supreme court in deciding these cases.
The message says:
deprive any corporation of the right to
the review by court of any order or de-
cree which, II undisturbed, would rob It
ment or Would subject It to burdens
which would unjustly discriminate
agans it and IN pat Of Is other
supreme Importance Is that the decision
of such questions shall be as speedy as
the an1 fbs the on
tive, systematic and scientific enforce
ment Of the aw
final result.
Recommends "court Of Commerce"
For this, purpose I recommend the the e IS
Enlistment of a court of the United United
S BE- Hno% uds as th Sni}s s'e
Of ootSa %tS exe nd1 opgna
ton over the following classes of cases:
"Q) All cases for. the enforcement, 9th
s fon Of h1S e or penat o i
iiiction Of criminal punishment, of any
order Of the interstate commerce COM
mission other than for the payment OF
aside, annul or suspend any order or
20 All such cases as under ,eos seeaon 3
Of the act Of February 49, 1909 k NJ Ra
maintained in circuit court OF the Uni
"N) All such mandamus proceedings as
under the provisions of section 20 or Sec
ton Is of the interstate commerce law
are authorized to be maintained in a cir
cult court of the United States - .,,.uo
which induced the congress to create the
court of customs appeals by the provi-
may be urged in support Of the creation
of the commerce court.
I'm order to provide a SUFFICIENT num-
Constituted it will be necessary to author;
lie the appointment of five additional
circuit Judges, who. for the purposes Of
those circuits where there is at the pres
ent time the largest volume Of business
sue the cgcta thru thoS
power the chief justice at any time when
the business Of the court of commerce
Se not to rssssn judges Of a
to that court to the circuits to which
they respectively belong; and 1t should
while ps Sitting by ssignment in the court
of commerce of such additional amount
as is necessary to- bring their annual
compensation up to $4,000.
Only Second to Supreme Court.
'The regular sessions of such court
should be empowered to hold sessions in
different parts of the United States II
ments should be made final, subject only
to review by the supreme court of the
United States, with the provision provision that that
shall not be stayed unless the supreme
court shall so order. The commerce court
should be empowered in it's discretion te
order of the interstate commerce commits
sion under review pending the final hear
but no such restraining order should b.
made except upon notice and afetr hear
ing, unless IN cases where irreparable
be empowered to allow stay of the
fhan aaHs f bu nenne ap of
ton to the court Of it's order or injunc
ton, then only where his order shall con
a1m subpmitted To the t1dge making tn
order and identified by reference theret'
that such irreparable damage would re
suit to the The p%etltoner specifying the ma
"Under the existing law, the interstate
commerce commission itself initiates an an
enforcement, or in the defense Of its or
ders, and DEGREES, and for this purpose :.
EMPLOYS attorneys who, while subject t
tons lions Of Of the commission. This blendin!
Of administratixe egslatye o and 5udl
impair the efficiency Of the commissio
by clothing It with partisan characteris
tics a nf rSeens s # OF the eccmpS ia
ing upon questions submitted to It. 1
my opinion all litigation affecting tn
Control Of the depart rnent Of justice; an
I therefore recommend that all proceed
inss affecting orders and DEGREES OF tn
brought by or against the United State
60 nomine, and be placed In charge of a
assistant attorney general acting un ?.
Would Permit Agreements.
Coming to the subject of railroad pool
and traffic agreements, the presider
.The Republican platform of 1908 EN-
pressed the belief that the interstat
Commerce law. should be further ~, am Il; n,
to make any public traffic agreement
subject to the approval of the commits
sion, but maintaining. always the priII
ciple of competition between natural
connecting lines, and avoiding the con-
mon control Of such lines by any mean
Whatsoever
I'm view of the complete control owe