The Prescott daily news., 1910-01-10
COMMERCE LAW
 AND THE TRUSTS
 TREATED BY TAFT
PRESIDENT HANDLES TWO lM- PORTANT TOPICS IN HIS SPE-
 GAL MESSAGE TO CONGRESS.
WANTS NEW COURT CREATED


 Under the Interstate Law-Chief
 Executive Also Urges Federal h.
 corporation Statute to Suppress
 Abuses and Not to Destroy Legiti-
 mate Combinations of Capital.
 Washington, Jan. 7.-Needed legislation concerning the interstate commerce law and the control of trusts formed the sub ject of President Taft's special message to congress. The president calls atten- ton to the partial failure of the present commerce law to get results because of the frequent appeals from its decisions to federal courts and the slowness of the supreme court in deciding these cases. The message says:
 Tt would not be proper to attempt to deprive any corporation of the right to the review by court of any order or de- cree which if undisturbed, would rob 1t of a reasonable return upon its invest ment or would subject 1t to burdens which would unjustly discriminate against 1t and in favor of other carriers similarly situated. What is. 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 uniformity of decision be secured 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 I recommend the es- tablishment of a 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 the United States court of commerce, which court shall be clothed with exclusive original jurisdic- ton over the following classes of cases: 70 All cases for the enforcement, oth- erwise than by adjudication and collec- tion, of forfeiture or penalty, or by in fliction of criminal punishment of any order of the interstate commerce com mission other than for the payment of money.
 requirement. of the interstate commerce commission.
 '"(9 All such cases as under section of the act of February 19 1903, known as the 'Elkins act are authorized to be maintained in circuit court of the Uni tea states. under the provisions of section 20 or sec | ton 23 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 -proyi- | may be urged in support of the creation of the commerce court.
 Tn order to provide a sufficient num- Der 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 those circuits where there is at the pres ent time the largest volume of business such as the second, third, fourth. seventh l and eighth circuits. The act should em- | power the chief justice at 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 it should also provide for payment to 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 $l0.0O0.
 Only Second to Supreme Court.
 'The regular sessions of such court 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 final subject only to review by the supreme court of the | United States. with the provision that the operation of the decree appealed from court shall so order The commerce court should be empowered in It's discretion to 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 irreparabe damage would otherwise ensue to the pe- t1tioner. judge of that court might | be empowered to allow a stay of the commissions order for a period of not more than 60 days. but pending applica- ton to the court of it's order or injunc- | ton, then only where his order shall con tain specific finding based upon eyi- ! dence submitted to the judge making the i order and identified by reference thereto that such irreparable damage would re- suit to the petitioner specifying the na- | ture 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 ders and decrees and for this purpose 1t | employs attorneys. who. while subject to the control of the attorney general, act upon the initiative and under the instruc- tions of the commission. This blending Of administrative legislative and judi cial functions tends. in my opinion to impair the efficiency of the commission by clothing 1t with partisan characteris- cial attitude it should occupy in pass ing upon questions submitted to it. In my opinion all litigation affecting the government should be under the direct control of the department of justice: and l therefore recommend that all proceed lngs affecting orders and decrees of the interstate commerce commission be brought by or against the United States co nomine, and be placed in charge of an assistant attorney general acting under the direction Of the attorney general"
 Would Permit Agreements.
 Coming to the subject of railroad pools and traffic agreements. the president says:
 "The Republican platform of 1908 ex- pressed the belief that the interstate commerce law. should be further amend H1