Mexico Missouri message., 1910-01-13


COOPERATION Statute to Suppress
Abus les and Not to Destroy Leslti-
mate Combinations of Capital.
Wash5 ngton, Jan. 7-Needed legislation
cohcernNng the interstate commerce law
shd thf control Of trusts formed the sub
Ject of President Tafts special message
~ cor igress The president calls atten-
ION Up the partial failure of the present
Sommd cree law to get results because of
me I1equent appeals from its decisions
10 led eral courts and the slowness of the
STprelfne court in deciding these cases.
me message says:
1T would not be proper to attempt to
III e any corporation OF the right to
Cfee which, II undisturbed, would rob 1t
" reasonable return upon its invest
n pSsnk Or would subject # to burdens
ag' inst 1t and in favor Of other carriers
s nilarly situated. What is, however, of
such questions shall be as speedy as
l Me nature of the circumstances will ad-
Vt, and that uniformity. of decision be
1--WE, systematic and scientific enforce
ment Of the comerce law, rather than
final result.
Recommends "court of Commerce"
For this purpose recommend the es-
Enlistment of a court of the United
States composed of five judges desig-
=
hcircuit judges of the United States, to
re known as the United States court
commerce which court shall be
thed with exclusive original jurisdc-
over the following classes OF cases:
~ All cases for the enforcement, 9TH
pc than by ajudication and collec-
H of q forfeiture or penalty, or by in
pm or criminal punishment, of any
OF the interstate commerce COM
on other than for the payment of
All cases brought to enjoin, set
annul or suspend any order or
rement of the interstate commerce
e ftission.
b All such cases as under section 8
Hhe act of February 10, 1903, known
he 'EllSins act are authorized to be
ntained in circuit court of the Uni
10 All such mandamus proceedings as
VI per the provisions of section 20 or sec
.Ettn y of the interstate commerce law
8re authorized to be maintained in a cir
81 tuit court of the United States.
lW Reasons precisely analogous to those
(which induced the congress to create the
court court %, of customs appeals by the .pr9CySiL-
may be urged in support of the creation
or the commerce court.
In order to provide a sufficient num-
Der Of Judges to enable this court to be
constituted 1t will be necessary to author
lze the appointment of ive additional
circuit Judges, who, for the purposes of
appointment, might be distributed to
those circuits where there is at the pres
ent time the largest volume OF business
such as the second, third, fourth, seventh
and eighth circuits The act should en-
= power the chief Justice at any time when
doc hes not require the services of all the
fud ges to reassign the Judges designated
TO II. 1at court to the circuits to which
While sitting by assignm' mt in the court
pr commersss Of such afsditi9nai amount
Only second to Supreme Court.
..Tbe regular sessi ons of such court
should be nen5oowefedt' he capitol, but It
different parts Oh md ZIP it9 United States If
y found desirable, an ILIade 5 orders and judg-
mems reyi sb by the spp@eme court 1 Of o tbs
\ United States, Mn the provision that
I the operation q the, decree appealed from
soSr snail sqi 5rder. The commerce court
should be emf lowered in its discretion to
restrain or suspend the operation OF an
order OF the interstate commerce commits
|, sion under review pending the final hear
,a.s,ag and determination of the proceeding,
q vpgt no such restraining order should be
II Made except upon notice and afetr hear
MNg. unless in cases where irreparable
image would otherwise ensue to the pc
Toner A judge of that court might
ahmission's order for period of not
ire than 60 days, but pending appllca-
n to the court of its order or injunc-
In then only where his order shall con-
Sn a specific finding based upon evil
nv Nee submitted TO the Judge making the
der and identified by reference thereto
Rt such irreparable damage would re-
I to the petitioner, specifying the ma
lUnder the existing law the interstate
4nmerce commission itself initiates and
tends litigation in the courts for the
forcement, or in the defense OF its or
hrs and DEGREES and for this purpose II
Employs attorneys, who while subject to
e control of the attorney general, act
bon the initiative and under the instruc-
bns of the commission This blending
administrative, legislative and judi
al functions tends, in my opinion, to
hpair the efficiency of the commission
n clothing Il with partisan chaTaeteris-
Is and robbing It of the impartial judi
kal attitude it should occupy in pass
IL upon questions submitted TO It, In
lhy opinion all litigation affecting the
Ekoyernment should be under the direct
Htontrol of the department of justice; and
~ therefore recommend that all proceed
4ings affecting orders and DEGREES OF the
Interstate commerce commission be
brought by or against the United States
co nomine, and be placed in charge of an
the direction of the attorney general"
Would Permit Agreements.
Coming to the subject of railroad pools
and trafhc agreements the president
.sFhe Republican platform of 1908 ex-
pressed the belief that the interstate
commerce law should be further amend
ed so as to give the railroads the right
to make any public traffic agreements
subject to the approval of the commits
sion, but maintaining always the prin-
ciple Of competition between naturally
competing lines, and avoiding the com
mon control of such lines by any means
I'm view Of the complete control over