Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1910-01-13
On Interstate Com
merCe and Trusts.
MORE power ASKED.
Would Extend Scope Of Com.
missions Work.
FOR FEDERAL incorporation
Radical Changes In Two Impor.
tant Laws Urged.

Washington. Jan. 7.-Presidert Taft
sent to congress the following special
message on the proposed amendments
to the interstate commerce and anti
trust laws:
10 the Senate and House Of Represent
atives:
] beg to submit to you certain recon-
inendstions as to the amendments to
the interstate commerce law and GER
thin considerations arising out Of the
operations Of the antitrust law sug-
costing the wisdom OF federal incor-
2oratiou Of industrial companies.
interstate Commerce Law.
In the annual report OF the interstate,
commerce commission for the year 1903
attention Is called to the fact that be-
tween July /. 1905, and the close OF
that year sixteen 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 In twelve Of the
cases referred to, it was stated. pre-
liminary injunctiOns were prayed for,
being granted in six and refused in six.
OF course every carrier affected by
an order Of the commission has con-
stitutional right to appeal to a federal
court to protect 1t from the enforce
ment Of an order which it may show
to be prima facie contiscatory or un-
justly discriminatory in its effect, and
as this application may be made to a
court 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
riety of decision. 1t would not be
proper to attempt to deprive any cor
poration of the right to the review by
u court of any order or decree which.
II undisturbed. would rob it of rea-
sonable return upon its investment or
would subject 1t to burdens which
would unjustiy discriminate against #
and in favor Of other carriers simis :.
Iy situated. What is. however. OF ST
preme Importance is thai the decisi n
~ such questions shall he as speedy
vs. the nature Of the circumstance
will admit and that a uniformity of
tecision be secured.
For this purpose l recommend tee
establishment Of court Of the United
Itates composed Of Eve judges desig.
lated Tor such purpose from among
he circuit judges of the United States.
70 be knowT as the United States
)ourt OF commerce." which court shall
se clothed with exclusive original juris.
>ictfon over the following classes OF
Va seq:
First.-All cases for the enforcement,
otherwise than by adjudication and
collection of forfeiture or penalty or
~ infection OF criminal punishment. of
any order OF the interstate commerce
commission other than for the payment
VI nouey.
SecOnd.-All cases brought TO enjoin,
set aside. annul or suspend any order
or requirement OF the interstate COM
merce commission.
AL CuSu CdScS 40 uuuek SUI.
ton 3 Of the act Of Feb u. 1908,
known as the "Elkins act" are au-
rhorized to be maintained 10 a circuit
court Of the United States.
Fourth.--All such mandamus pro.
ceediDgs as under the provisions Of
section 20 or section 70 Of the inter.
state commerce law are authorized to
&c maintained III q circuit court Of the
United States.
In order to provide a sufficient mum
Der Of judges to enable this court to
se constituted. it will be necessary to
authorize the appointment Of i've ad'
litional circuit Judges. Annual com
pcnsation of $4,000 should he pro
vided.
Review by the Supreme Court.
The regular sessions of such cour,
should be held at the capital. but II
should be empowered to bold sessions
In different parts of the United States
il found desirable. and its orders and
judgments should be made final, sub.
feet only to review by the supreme
court OF the United States, with the
provision that the operation Of the de,
cree appealed from shall not be stayed
unless the supreme court shall so or.
der. The commerce court should be
empowered In its discretion to restrain
Or suspend the operation of ~ order
of the Interstate commerce tOmmlS
sion under review pending the Anal
bearing and determination Of the pro.
ceeting, but no such restraining order
should le made except upon notice
and after hearing unless In cases
where irTeparable damage would 9th.
erwise cnsuo to the petitioner. A Judge
Of that court might be empowered to
allow a stay of the commissions or
dor for a period OF not moro than
sixty days. but pending application to
the court for it's order or injunction.
then only where his order shall con.
tain specific finding. based upon svt
dcnce submitted 10 the Judge making