Willmar tribune. [volume] (Willmar, Minn.) 1895-1931, 1910-01-12

Washington, Jan. 1.-THE following is
President Tatt's message to congress on
the subject of needed legislation re-
sarding 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 discussion Of needed legislation
under the authority which congress has
to regulate commerce between the states
and with foreign countries, and said that
l would bring this subject-matter to your
attention later in the session. According
~, beg to submit to you certain recon-
mendations as to the amendments to the
interstate commerce law and certain con-
siderations 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, 190S and the close of that
year, 1t 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-
stitutionality Of the act itself was in is
sue, and the right Of congress to dele
gate to any tribunal authority to estab-
]ish 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
rlers IN this latter respect alone were sus-
tanned, but little progress had been
made in the Hanh11rn
1ectlve regulation of interstate Transport
tatlon charges. In IL Of the cases re-
1erred 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 iniunc-
tons could be obtained If a railroad
company, by mere allegation in it's bill
OF complaint, supported by exparte affi-
davlts, can overturn the result of days
or patient investigation, no very satisfac-
tory result can be expected. The railroad
loses nothing by these proceedings since
II they fail, 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
ne required to return more than a frac-
ton OF the excess charges collected"
IN It's report for the year 1909 the com
mission shows that of the II 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
mad been argued, and submitted to that
tribunal in October, 1909.
Or course, every carrier affected bv an
order of the commission has a constit,,-
ilohal rlght to appeal to a federal court
TO protect it from the enforcement of an
oroer winch 1T may show to be prima-
1acle conf1scatory or unjustly discrimina-
tory IN its effect; and as this applica finn
may De made to court in any district of
the United States, not only does de1av
result IN the enforcement Of the order
out great uncertainty is caused by con-
trariety Of decision.
The questions presented by thes> an
pllcations are too often technical II
thelr character and require a knowleflee
OF the business and the mastery of =
great volume of conflicting evidence
Which is tedious to examine and iron.
blesome to comprehend. 1t would MT he
proper to attempt to deprive any cor.
poration OF the right to the review nv
court of any order or decree which
II undisturbed, would rob it Of O. rea son.
aple return upon its investment or would
subject it to burdens which would IN.
justly discriminate against it and in IA.
Vor OF other carriers similarly situated
What is, however, of supreme imnor.
lance is that the decision of such cues.
tons shall be as speedy as the nature OF
the circumstances will admit, and that
uniformity of decision be secured sr
as to bring about an effective, system.
attic and scientific enforcement of tho
commerce law, rather than conflicting de.
cisions and uncertainty of final result
Recommends "Court Of Commerce.
For this purpose I recommend the
establishment Of a court of the United
States composed Of five judges desig
mated for such purpose from among the
circuit judges Of the United States. t.
be known as the UNITED States cour
of commerce." which court shall bt
clothed with exclusive original jurisdic
ton over the following classes of cases
CD All cases forathe enforcement, 9th
erwise than by adjudication and collec
ton. of a forfeiture or penalty, or bv in
N.otion Of criminal Dnniehnocnt - ~,