The Dillon herald. [volume] (Dillon, S.C.) 1894-????, 1910-01-13
=
SPECIAL
MESSAGE
President Taft Discusses Some
Needed Legislation
SUGGESTS A COMMERCE COURT.
SUGGESTS A COMMERCE COURT.
Rsfexring to Annual Report Of Inter
state Commerce Commission, At
tention is Called to Fact That Six
teen Suits Had Been Brought to
Set Aside Orders Of the Commits
sion Between July I. 1908, and
Close of That Year.

washington, ~. u, Speclal.-PreS-
Adent Taft's special message to
Congress recommending amend |
.aents to the interstate commerce
nd antitrust laws is here, In part, |
wen: -.
70 the Senate and House of Repy
sentatives:
/ withheld from my ANY,
Ige q discussion of s-fS ,huai .nes
ION under th-e needea ieglsia-
&c authority which Con-
ess has to regulate commerce be-
teen the States and with foreign
tountries and said that l would bring
his subject-matter to your attention
later in the session. Accordingly, l
leg to submit to you cetrain recon-
luendations as to the amendments TO
The interstate commerce law and GER
ain considerations arising out OF the
operations of the antitrust law sug-
testing the wisdom of Federal incor-
poration of industrial companies.
INTERSTATE COMMERCE LAW.
I'm the annual report of the Inter-
state Commerce Commission for the
year 1908 attention is called to the
ct that between July l, 1908, and
close of that year sixteen suits
been begun to set aside orders of
commission (besides one COM
ed before that date), and that
orders of much consequence had
permitted to go without protest;
the questions presented by
aese various suits weer fundamen-
tnese various suits were fundamen-
net itself was in issue, and the right
nf Congress to delegate to any tribu-
nal authority to establish an inter-
state rate was denied; but that per-
llaps the most serious practical ques-
lion raised concerned the extent of
the right of the courts to review the
orders of the commission; and it
was pointed out that if the conten-
ion of the carriers in this latter
respect alone were sustained, but lit
lie progress had been made in the
Hepburn act toward the effective
regulation of interstate transporta-
tion charges. In twelve of the cases
referred to, it was stated, preliminary
iljunctions we're prayed for, being
,sranted in six refused in SIX.
"It has from the first been well
UNDERSTOOD" says the commission,
that the success of the present act
a| sgulating measure depended
upon the facility with which
v injunctions could be OBJ
t railroad company, BY
alton in its bill of com
ported by eX parte afIi-
overtun the result of
patient Investigation, no
satisfactory result can he en-
I. The railroad loses nothing
nese proceed 'Co. since if they
can only be required 20 estab-
the rate and to pay to shippers
difference between the higher
collected and the rate which is
held to be r"asonable. In
OF fact it USUALLY profits. he
il can seldom be required TO
n more than a fraction of the
IS charges collected"
its report for the year 1909 the
lmission shows that of the seven
en- cases referred to i'm its 1908 re-
port, only one had been decided in
ie Supreme Court of the United
tates, although five other cases Rad
b cen argued and submitted to that
i1bunal in October, 1909.
VI course, every carrier affected
by an order of the commission has
constitutional right to appeal to a
ftderai court to protect il from the
enforcement Of an order which It
may sfoT TO be pri.na facie rontisca-
tory or upJustly discriminatory in it's
e est; and as this application may
b. made to ooart in any distrlc;
O. the United States, not only dues
d,lay result in the enforcement of
the order, but great uncertainty il
eaused by contrariety of decision.
The Idestions presented by these an.
piicatlons are too often teehn cal ilr
tseIr character and require knoUl-
edge OF the business and the mas
tery OF great volume os ecnf'etjn.
eyidence which is ted ous 10 rx,ni,.
aud troublesome to comprehend. !.
"eutf not he pro-"- ., 80
,prive any corporation OF the
ght to the review by a court of
~ order or decree which, if un-
sturbed, would rob il OF reason
10 returE upon it's investment or
I'd subject ii to burdens which
q dm1ustIy discriminate against
lin favor of other carriers sim
situated. What is, however.
Jreme importance is that the
q Of suen questions shall be
yas The nature of the cir
win admit, and that a
decision be secured SO
'ut an Elective, sys.e-