Rocky Ford enterprise., 1910-01-14
PRESIDENT SENDS
SPECIAL MESSAGE
Makes Recommendations as to Com
merce Law and the Trusts
WOULD CONSTITUTE A SPECIAL COURT
Judges Have Power Act in Certain Specified Cases
Wisdom of Federal Incorporation of Indus
trial Companies Suggested-Scope
of Present LawToo Wide
WOULD CONSTITUTE A SPECIAL COUR'

Washington. Jan. I-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 q discussion of needed legislation
under the authority which congress has
10 regulate commerce between the states
and with foreign countries. and said that
I would bring this subject-matter to your
attention later in the session. According
ly. 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 1905.
attention Il called to the fact that be-
tween July I. 1905. and tho close Of that
year. l6 suits had been begun to set aside
orders Of the commission tbesides 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-
lish 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 II was point
ed out that II the contention OF the car
riers In this latter respect alone were sus-
taincd. but little progress had been
made in the Hepburn act toward the ef-
fective regulation of Interstate transpor-
tation charges. In Il Of the cases re-
fcrred to. It was stated. preliminary In
functions were prayed for. being granted
In six and refused in sig.
1T has from the frst been we'll under
stood" says the commission. that the
success of the present act as . regulate
Ing measure depended largely upon the
facility with which temporary injunc-
lions could be obtained. II q railroad
company. by mere allegation in Its bin
Of complaint, supported by exparte am
davits. can overturn tho result of days
OF patient investigation. no very satisfac-
tory result can be expected. The railroad
loses nothing by these proceedings since
n they fall. II can only be required to
establish the rate and to pay to shippers
the difference between the higher rate
collected and the rate which In finally
held TO be reasonable. In point OF fact
Il usually profits. because Il can seldom
be required to return moro than a frac-
ton Of the excess charges collected"
In Its report for the year 1870 the COM
mission shows that Of the II cases re-
ferred to In Its 1908 report. only one had
been decided in the supreme court OF the
United States, although fvc other cnses
had been argued. and submitted to that
tribunal in October. 1900
OF course. every carrier, affected by an
order of the commission has a constitu-
tonal right to appeal to . federal court
TO protect II from the enforcement of an
order which II may show to be prima-
fncic confiscatory or unjustiy discrimina-
tory In its effect: and ns 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 con-
trariety of decision.
The questions presented BY these ap-
plications are too often technical in
their character and require q knowledge
great volume Of conflicting evidence
which In tedious to examine and trou-
biesoms to comprehend. II would not be
proper TO attempt to deprive any COR
poration Of the right to the review by
court OF any order or decree which.
n undisturbed. would rob II Of q reason
able return upon its investment or would
subject II to burdens which would un.
Justly discriminate against Il and in IA
vor of other carriers similarly situated.
What Is. however. OF supreme impor-
tance Ia that the decision OF such cues
tions shall be as speedy as the nature Of
the circumstances will admit. and that
q Uniformity Of decision be secured no
attic and scientific enforcement Of the
commerce law. rather than conflicting de-
cisions and uncertainty of final result
Recommends "court Of Commerce."
For this purpose recommend the
establishment OF q court OF the United
States composed of five Judges dcsig-
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-
tion over tho following classes of cases:
% All cases for the enforcement, 9TH
erwise than by adjudication and coIlec-
tion. of a forfeiture or penalty. or by in
fiction of criminal punishment. of any
order of the Interstate commerce COM
mission other than for the payment of
money.
aside. annui or suspend any order or
requirement Of the interstate commerce
commission.
az All such cases as under section )
as the "EIkins act," are authorized to
be maintained in q circuit court Of the
United States.
% All such mandamus proceedings
as under the provisions of section 30 or
section o of the Interstate commerce
law are authorized to be maintained In n
circuit court of tho United States.
Reasons precisely analogous to those
which induced the congress to create the
court of customs appeals by the provi-
sions in the tariff act of August S. Is0a.
may be urged In support Of the creation
of the commerce court.
In order to provide n sufficient num-
Der of Judges to enable this court to be
constituted Il will be necessary to au-
thorize the appointment OF hve add
tional circuit Judges. who. for the pur-
poses OF appointment. might be distrib-
uted to these circuits where there 10 At
the present time the largest volume of
business such as the second. third. fourth.
seventh and eighth circuits. The act
abould empower the chief Justice as any