River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1910-01-13

Washington, Jan. 1.-THE following is
President Tafts message to congress on
the subject of needed legislation re-
gardng 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 a discussion Of needed legislation
under the authority which congress has
to 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
~, 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 /, 1908, and the close of that
year, 16 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
rious suits were fundamental, as the con-
stitutionality of the act itself was in is
sue, and the right of congress to dele
fish 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 1t was point
ed out that If the contention of the car
riers in this latter respect alone were sus-
tanned, but little progress had been
made in the Hepburn act toward the eff
fective regulation of interstate transpor-
tation charges. In IL of the cases re-
ferred to, it was stated, preliminary in
functions were prayed for, being granted
in six and refused in six.
ut has from the first been well 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 injunc-
tons could be obtained If a railroad
company, by mere allegation in it's bill
of complaint, supported by exparte aft
davits can overturn the result of days
Of patient investigation, no very satisfac-
tory result can be expected The railroad
loses nothing by these proceedings since
If they fail, it 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
be required to return more than a frac-
ton of the excess charges collected"
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
had been argued, and submitted to that
tribunal in October, 1909
OF course, every carrier affected bv an
order OF the commission has a constitu-
tional right to appeal to federal court
to protect 1t from the enforcement of an
order which 1t may show to be prima-
facie confiscatory or unjustly dscrimina-
tory in its effect; and as this application
may be made to a court in any district of
the United States, not only does deIay
result in the enforcement of the order
but great uncertainty is caused by con-
trariety of decision.
The questions presented by these an
pllcations are too often technical in
their character and require a knowledge
of the business and the mastery of a
great volume of conflicting evidence
which is tedious to examine and from
blesome to comprehend. 1t would not he
proper to attempt to deprive any cor
poration of the right to the review bv
a court of any order or decree which
IL undistuTbed, would rob it of a reason
able return upon its investment or would
subject it to burdens which would I'M
justly discriminate against it and in ia
vor of other carriers similarly situated
What is, however. of supreme impor-
lance is that the decision of such oues
lions shall be as speedy as the nature of
the circumstances will admit and thar
a uniformity of decision be secured so
as to bring about an effective system
attic and scientific enforcement of the
commerce law, rather than conflicting de-
cisions and uncertainty of final resuIt.
Recommends "Court of CommercS."
For this purpose 1 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 to
be known as the United States court
of commerce." which court shall be
clothed with exclusive original iurisdic-
ton over the following classes of cases:
~ All cases for the enforcement 9TH
erwise than by adjudication and collec-
ton, 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.
(2) All cases brought to enjoin, set
aside. annul or suspend any order or
requirement OF the interstate commerce
commission.
80 All such cases as under section 8
of the act of February 10, 1903, known
as the ''Elkins act" are authorized to
be maintained in a circuit court Of the
United States.
az All such mandamus proceedings
as unuSF Tic pToNlSlOuS VI SSSlloA ~ VI
section % of the interstate commerce
law are authorized to be maintained in
circuit court of the 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 5, 1909,
may be urged in support of the creation
of the commerce court.
In order to provide a sufficient num-
Der of judges to enable this court to be
constituted it will be necessary to au-
thorize the appointment of five addi-
tional circuit judges, who, for the pur-
poses of appointment. might be distrib-
uted to those circuits where there is at
The present time the largest volume of
business such as the second, third, fourth
seventh and eighth circuits. The act
should empower the chief justice at any