Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1910-01-08
MESSAGE
Of THE
PRESIDENT
Dn Interstate Com
I1lerCe and Trusts.
MORE POWER ASKED.
Would Extend Scope Of Com
missions Work.
FOR FEDERAL incorporation
RaaicaI Changes In Two ImpOr-
tant Laws Urged.
EUR FEDERAL incorporation
RadicaI Changes In Two lmpOr-
tant Laws Urged.

%asnington, Jan. president Taft
ssemt 20 congress the following special
Rsessase on the proposed amendments
no Ehe interstate commerce and anti
frost laws:
I. 40 the Senate and House of Represent
sstives:
beg 10 submit to you certain recon-
s2scndations as to the amendments to
he interstate commerce law and GER
KAHN considerations arising out of the
Operations of the antitrust law sug-
sgesting the wisdom of federal incor-
9oration of industrial companies.
Interstate Commerce Law.
In the annual report of the interstate
.ommerce commission for the year 1903
attention is called 10 the fact that be-
: tween July |. 1908, and the close Of
that year sixteen suits had been begun
no set aside orders of the commission
4besides one commenced before that
aiatel and that few orders of much
without protest In twelve Of the
cases referred to, 1t was stated, pre-
Culinary injunctions were prayed for,
G7eizg granted in six and refused in six.
OF course every carrier affected by
M order of the commission has con-
-ssfStus5opal right TO appeal to federal
court to protect ii from the enforce
Enssnt of an order which ii may show
10 DC prima facie confiscatory or I'M
Justly discriminatory in its effect, and
GAG this application may be made to a
ceurg 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
grisEg ct decision. 1t would not be
7pc0yer TO attempt TO deprive any cor
.SsoS8sioD of the right to the review by
a court Of any order or decree which,
ST andisturbed. would rob il of a rea-
solt1bie return upon its investment or
would subject it TO burdens which
~g9uld unjustly discriminate against it
qGad in favor of other carriers similar
5yssituated. What is however, of SUI
lrsgse Importance is that the decision
OF auch questions shall be as speedy
5zzR gIhc nature of the circumstances
VIII admit and that uniformity of
~SsSnsgso0 be secured.
Scr this purpose | recommend the
establishment of a court of the United
-5sSt1ses composed of five judges desig-
matted sor such purpose from among
he ci-cystS judges of the United States.
~ s.TT
oeKyI of commerce" which court shall
81 oesst othed with exclusive original juris-
e, tsoa on over tie following classes of
,ecaar:
E5EGc All cases for the enforcement,
sOt6sggEsse than by adjudication and
eseytsetion Of q forfeiture OF penalty or
by Gndiction of criminal punishment OF
any order of the Interstate commerce
oeocasaission other than for the payment
oDf peoeg.
Secon@.-All cases brought TO enjoin
.~sct aside, annul or suspend any order
.- Gr requirement of the interstate com
.aSaeree commission.
Third ALI such cases as under sec
gScn 3 e. the act of Feb 49, 1903
known as the "Elkins act" are au
lfsczized no lie maintained in circuit
e,0arE OF the United States.
sealrtb.-Au such mandamus pro
.eesi2ll..s as under the provisions o.
ssac1s8D 20 or section % of the inter
sstaae commerce law are authorized Il
he vsss6ngained IN "a circuit court of tn,
Un5tga States.
,Issopder 70 provide sufficient mum
gbey ~ Judges 10 enable this court t.
Ese constituted. it will be necessary Il
z1ulbs 3i3e tie appointment of five ad
cfFaioaal circuit judges. Annual com
tpensn siy2 OF $4,000 should be pro
sideS
sss~aos Eg the Supreme Court.
TEE regular sessions of such cour
sslio7lG .Se he'd at the capital, but
rFszgSsld be empowered to hold session
Eim eGafereny parts of the United State
lf gosnd desirable, and its orders an
~fuss1cmerfts sLso1d be made final, sut
sexse GUY TO review by the suprem
ssarf % the United States, with tn
sc1Vlsion that the operation Of the dc
cuxe appealed from shall not be stage
1lgsh@as Tbe supreme court shall so OIL
Aasz C1be commerce court should
@ sssseC " ered tl IDS discretion to restrai
~ ssesesud the operation of an orde
~ are Interstate commerce commits