The Columbus journal., 1910-01-12
COMMERCE LAW
AND THE TRUSTS
TREATED BY TAFT
PRESIDENT HANDLES TWO IN.
PoRTANT TOPICS IN HIS sPE.
cIAL MESSAGE TO CONGRESS-.
WANTS new COURT CREATED
Tribunal Would Hear Cases Arising
Under the Interstate Law-Chief
Executive Also Urges Federal In
corporation Statute to Suppress
Abuses and Not to Destroy legiti-
mate Combinations Of Capital.

1
| Washington. Jan. Needed legislation
concerning the interstate commerce law
and the control of trusts formed the SUBJ
Ject of President Taft's special message
to congress- The President calls atten--
commerce law to get results because Of
the frequent appeals from its decisions
| to federal courts and the slowness Of the
The message says:
1T would not be proper to attempt to
deprive any corporation Of the right to
| cree which. IL undisturbed6 would rob it
| OF reasonable return upon its invest
| ment or would subject 1t 10 burdens
aia., would sus in S9njos'
similarly situated What Il. however Of
supreme importance Is that the decision
OF such questions shall be as speedy as
the nature OF the circumstances will ad-
init, and that a uniformity of decision be
secured so as to bring about an effec-
tive. systematic and scientific enforce
ment OF the comerce law, rather than
conflicting decisions and uncertainty Of
final result
Recommends "Court Of Commerce"
For this purpose 1 recommend the es-
Enlistment Of 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
Will Exclusive original 0uTlS0lc-
ton over the following classes of cases:
I'D Al! cases for the enforcement 9TH
erwise than by ADJUDICATION and colec-
tion OF forfeiture or penalty. or by in
hiction OF criminal punishment. of any
order OF the interstate commerce COM
mission other than for the payment Of
money.
'.l2J All cases brought to- enjoin, set
aside. annul or suspend any order or
requirement Of the interstate commerce
commission.
OF the act Of February 1s. 1903. known
as the 'Elkins act are authorized to be
maintained in a circuit court Of the Uni
ted States.
80 All such mandamus proceedings an
under the provisions Of section % or sec
ton q Of the interstate commerce law
are authorized to be- maintained in a cir
cult court OF the United States
Reasons precisely analogous to those
which induced the congress to create the
court OF customs appeals by the provi-
may be urged in support of the creation
OF the commerce court.
In order 10 provide a sufficient num-
her of Judges TO enable this court to be
constituted it will be necessary to author
iZe the appointment Of five additional
circuit judges. who. for the purposes of
appointment. might be distributed to
those circuits where there is at the pres
emf time the largest volume OF business
sucn AS the second. third. fourth. seventh
and eighth circuits. The act should en-
the business Of the court Of commerce
does not require the services Of all the
judges to reassisn the judges designated
to that court to the circuits to which
they respectively belong: and il should
also provide for payment TO such Judges
while sitting by assignment I'm the court
OF commerce of such additional amount
as is necessary to bring their annual
compensation up to $4,000.
Only Second to Supreme Court.
The regular sessions Of such court
should be held at the capitol. but il
should be empowered to hold sessions in
found desirable: and its orders and judg-
nents should be made final. subject only |
to 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 supreme |
court shall 30 order. The commerce court |
restrain or suspend the operation Of an /
order Of the interstate commerce commits |
sion under review pending the final hear |
Ing and determination Of the proceeding !
but no such restraining order should be
made except upon notice and afetr hear /
Ing. unless in cases where irrepardble
titioner. A judge of that court might |
be empowered to allow a stay Of the |
order for a period of not |
more than 60 days. but pending applica-
ton to the court Of its order or injunc-
ton, then only where his order shall con-
tain a specific finding based upon evil
dence submitted to the judge making the
order and identified by reference thereto
that such irreparable damage would re-
salt to the petitioner: specifying the ma
lure of the damage
Under the existing law the interstate
commerce commission itself initiates and
defends litigation in the courts for the
enforcement. or in the defense Of its or
iers and DEGREES. and for this purpose II |
employs attorneys. who. while subject to
the control Of the attorney general act |
upon the initiative and under the instruc-
lions Of the commission. This blending |
u administrative. legislative and judi |
cial functions tends. in my opinion. to |
impair the efficiency Of the commission |
lies and robbing ii Of the impartial judi
,ial attitude It should occupy in pass
ng upon questions submitted to It, In ]
my opinion all litigation affecting the
control Of the department Of Justice: and
therefore recommend that all proceed
ngs affecting orders and DEGREES Of the
Interstate commerce commission be
brought by or against the United States
% nomine. and be placed in charge of an
assistant attorney general acting under
he direction OF the attorney general"
Would Permit Agreements.
Coming to the subject Of railroad pools
Ind tranc agreements. the president
'ays:
The Republican platform Of 1908 ex-
pressed the belief that the interstate |
commerce law should be further amend
d so AZ to give the railroads the right |
o make any public traffic agreements |
ubject to the approval Of the commits |
ION. but maintaining always the prin-
competing lines and avoiding the com
non control Of such lines by any means |
whatsoever
In view Of the complete control over ]