The Washington herald., 1910-01-08

inference from his remarks is that there
Is no such thing as good trust.
Urged ny Taft.
The message. in part. is as follows;
1T would not be proper to attempt to
| deprive any corporation of the right TO
the review by court of any order or
decree which. il undisturbed. would rob
| # OF a reasonable return upon it's invest
ment or would subject It to burdens
which would unjustly discriminate against
| it and In favor of other carriers SINH
larly situated. What is, however. of su-
preme Importance is that the decision OF
such questions shall be as speedy as the
nature Of the circumstances will admit.
and that a uniformity of decision be Sc
cured so as to bring about an effective,
systematic. and scientific enforcement of
the commerce law, rather than conflict
ing decision and uncertainty OF final re-
suit
Recommends Special Court.
For this purpose I recommend the es-
tablshment or a court OF the United
States composed OF fve Judges designated
for such purpose from among the cir
cult Judges of the United states, to be
known as the United States Court OF
Commerce which court shall be clothed
with exclusive original jurisdiction over
ihe following classes of cases:
81 All cases for the enforcement,
otherwise than by adjudication and col
lection of forfeiture or penalty, or by
inniction OF criminal punishment. Of any
order of the Interstate Commerce Com
mission other than for the payment of
money
20 All cases brought TO enjoin. set
aside. annul. or suspend any order or
requirement of the Interstate Commerce
Commission
g. ~ such cases as under section 3
OF the act Of February 10. 1903. known
as the I1lkIns act are authorized TO
be maintained IN circuit court OF the
United States.
Il. All such mandamus proceedings as
under the provisions of section % or sec
tion g of the interstate commerce law
are authorized TO be maintained in a cir
cult court OF the United States.
Reasons precisely analogous 10 those
which induced the Congress TO create the
Court Of Customs Appeals by the pro-
visions in the tariff act of August 5,
1863. may be urged in support Of the
creation of the commerce court
Calls for More Judges.
In order to provide a sufficient number
of Judges to enable this court TO be con-
stituted. It will be necessary to authorize
the appointment OF five additional circuit
judges, VINO, Tor the purposes of appoint
ment might be distributed to those cir
cults 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 JUS
tice al any time when the business Of
the Court of Commerce does not require
the services OF all the judges to reassign
the judges designated to that court TO
the circuits to which they respectively
belong; and # should also provide for
payment 10 such judges while sitting by
assignment in the Court OF Commerce
Of such additional amount as is necessary
to bring their annual compensation up
to $1,000
The regular sessions Of such court
should be held at the Capital. but 1t
should be empowered to hold sessions In
different parts Of the United States If
found desirable: and its orders and judg-
ments should be made fnal subject
only 10 review by the Supreme Court OF
the United States. with the provision
that the operation of the decree appealed
from shall not be stayed unless the Su-
preme Court shall so order"
Regarding the agreement between car
riers, the President recommends:
7 see no reason why agreements be-
tween carriers subject TO the act. speci-
flying the classihcations Of freight which
they may agree to establish should not be
permitted. provided copies OF such agree
ments be promptly filed with the commits
sion. but subject 10 all the provisions OF
the interstate commerce act, and subject
TO the right Of any parties to such agree
ment to cancel ii as 10 all or any Of the
agreed rates, fares, charges. or classif-
cations by thirty days notice in writing
to the other parties and to the commits
sion.
Quoting Rates in Writing.
Much complaint is made by shippers
over the state Of the law under which
they are held bound to know the legal
rate applicable to any proposed shipment.
without. as a matter of fact, having any
certain means of actually ascertainlng
such rate.
7 think that the law should provide
that a carrier. upon written request by
an intending shipper. should quote in
writing the rate or charge applicable to
the proposed shipment under any sched-
ules OF tariffs to which such carrier is a
party. and that if the party making such
request shall suffer damage in conse-
quence of either refusal or omission TO
quote the proper rate, or in consequence
of a misstatement of the rate the car
rier shall be liable to a penalty in some
reasonable amount, say $3.50. TO accrue
to the United States and to be recovered
in a civil action brought by the appropri-
ate district attorney
Power of Initiative,
Under the existing law the commission
can Cnly act with respect to an alleged
excessive rate or unduly discriminatory
practice by a carrier on a complaint
made by some individual affected there
by. I see no reason why the commission
should not be authorized to act on its
own initiative. as well as upon the com
plant of an individual in investigating
the fairness Of any existing rate OF prac-
tice; and / recommend the amendment OF
the law to so provide; and also that the
commission shall be fully empowered,
beyond any question. 10 pass upon the
classifcations of commodities for pur-
poses Of fixing rates. In like manner as
it may now do with respect to the maxi
mum rate applicable to any transporta-