The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-01-08
In Message to Congress
Taft Makes No Mate
rial Concessions.
COMMERCE COURT
is RECON- MMENDED
President Declares Sherman Anti
Trust Law Inadequate to Meet
Situation-Fe 1ncorpora-
ton Suggested - Interest
in Competitors Busi-
ness Put Under Ban.

Washington, D. c., January Pres
dent Taft's special message to Con-
gress recommending amendments to
the interstate commerce and anti
trust laws, was laid before the House
OF Representatives to-day almost i'm
mediately after that body convened.
The reading OF the document was
begun without delay, and members
upon both the Republican and the
Democratic sides followed the clerk
closely. copies of the message were
laid on the desk Of each represents
tive and the interest 1t attracted was
indicated by the fact that unusual si-
lence prevailed for the three-quarters
OF an hour required tor the reading.
a silence which was broken only by
the voice OF the reading clerk.
Representative Townsend. OF Mich
tgan, who was among tho most atten-
tive Listeners. was understood to have
in his possession the administration
bill, amending the interstate commerce
law In accordance with the recommen-
dations OF the President contained in
his special message. The message will
be introduced on Monday next.
When the reading OF the Presidents
message was concluded. 1t was refer
rcd by the Speaker to the appropriate
committees.
No Material Concessions.
A careful perusaI of the message in
dicates that he made no material con-
cessions to the railroads In any part
OF his recommendations.
7. is doubtful IL any of the few
changes made in the message from the
way he wrote 1t early this week can
be considered as In the nature OF con-
cessions.
The message as whole lis exactly
as planned by the President for the
past three or four months. after long
and thoughtful consideration by him
and the best legal minds OF his cabi-
uet.
In ans sinGla instance The. six reil--
road presidents who waited upon Mr..
Taft seem to have Impressed him with
their suggestions. This was in reIa-
ton TO his recommendation that from
and after the passage OF tho laws In
terstate railroads shall not be per-
mitted TO acquire interests of any
Kind. directly or indirectly, by pur-
chase or lease. In any competing rail-
road.
In this direct Recommendation the
President rladc no change in his views
at all He added. however. a sug-
sestion for the protection of minority
stockholders IN roads now holding
large or controlling ownership in other
lines.
In this regard he advises that the
proposed inhibition shall not operate
to prevent any corporation that now
owns not less than one-half the stock
or any other railroad from acquiring
all the remainder of the stock At
the same time nc states that this is
not to be construed as permitting vio-
lation of the provisions of the Shcr-
man antitruct act, which Is to con-
tinue to hover over railroads and 9TH
er corporations. Following is the full
text OF the message:
Special Message.
To the Senate ana House of Repre-
sentatives:
withheld from my annual message
a discussion of needed legislation
Under the authority which Congress
has to regulate commerce between the
States and with foreign countries, and
said that would bring this subiect-
matter to your attention later in the
session. Accordingly, I beg to submit
to you certain recommendations as to
the amendments to the interstate COM
merce law and certain considerations
arising out of the operations of the
antitrust law suggesting the wisdom
OF Federal Incorporation OF Industrial
companies.
Interstate Commerce Law.
In the annual report of the Inter-
state Commerce Commission for the
Year 1908, attention is called to the
Iact that between July 1. 1905, and
.he close Of that year sixteen suits
& mad been begun to set aside orders OF
the commission (besides one COM
menced before that date) and that
rev orders of much consequence had
been permitted to go without protest;
That the questions presented by these
various suits We're fundamental, as the
constitutionality of the act itself was
IN issue, and the right Of Congress to
delegate to any tribunal authority TO
establish an interstate rate was de-
MED: but that perhaps the most se-
rlous practical question raised con-
cerned the extent OF the right OF the
courts to review the orders OF the
commissions; and 1t was pointed out
that If the contention Of the carriers
IN this latter respect alone were sus-
tanned, but little progress had been
made In the Hepburn act toward the
& effectiye regulation Of Interstate trans
portation charges. In twelve Of the
eases referred to, It was stated, pre-
4ltminary injunctionsg We're prayed for,
being granted in six and refused in
six.
1t has from the first been we'll un-
de.stood,' says the commission. that
the success OF the present act as a
Regulating measure depended largely
upon the facility with which temporary
8lnjunctions could be obtained. IL a
railroad company. by5mere allegation
In Its bill OF complaint, supported by
eN parte affidavirs can overturn the
result Of days of patient investiga-
ton, no very satisfactory result can
i be expected. The railroad loses moths
tng by these proceedings, since, If
shey fail, f2lt can only be required to
establish the rate and to pay to Ship
Spers the difference between the higher |
Pate collected and the rate which is
enally held to be reasona BILE. In point