The Idaho Springs siftings-news., 1910-01-15

Washington, Jan. THE following is
President Tafts message to congress on
the subject of needed legislation re-
garding the interstate commerce law and
the control of the trusts:
To the Senate and House of Represent
Atives: / withheld from my annual mes
sage discussion of needed legislation
under the authority which congress has
to regulate commerce between the states
and with foreign countries, and said that
would bring this subject-matter to your
attention later in the session According
ly. beg TO submit to you certain recon-
mendations as to the amendments to the
Interstate commerce law and certain con-
alterations arising out of the operations
Of the antitrust law suggesting the wis
dom of federal Incorporation OF indus
trial companies.
Interstate Commerce Law.
In the annual report OF the interstate
commerce commission for the year 1908,
attention is called to the fact that be-
tween July l, 1908, and the close of that
year l6 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:
that the questions presented by these va
rous suits were fundamental. as the con-
stitutionality of the act itself was in is
sue and the right OF congress to dele
gate to any tribunal authority to estab-
tish an interstate rate was denied; but
that perhaps the most serious practical
question raised concerned the extent of
the right of the courts to review the or
ders Of the commission; and 1t was point
ed out that II the contention of the car
riers in this latter respect alone were sus-
tained but little progress had been
made in the Hepburn act toward the ef-
tective regulation of Interstate transpor-
tation charges. In IL of the cases re-
ferred to. IT was stated. preliminary in
functions were prayed for. being granted
In six and refused in six
1T has from the first been well under
stood" says the commission. that the
success of the present act as a reguat-
Ing measure depended largely upon the
1aeihty with which temporary injunc-
lons could be obtained. II railroad
company, by mere allegation in its bill
Of complaint. supported by exparte affl-
davits. can overturn the result of days
OF patient Investigation. no very satisfac-
tory result can be expected. The railroad
loses nothing by these proceedings since
II they fail. II can only be required to
establish the rate and to pay to shippers
the difference between the higher rate
collected and the rate which Is finally
held to be reasonable. In point of fact
II usually profits. because It can seldom
be required to return more than a frac-
ton of the excess charges collected"
In its report for the year 1909 the COM
mission shows that of the II cases re-
ferred to In Its 1908 report. only one had
United States, although five other cases
had been argued. and submitted to that
tribunal in October. 1909
or course. every carrier affected by an
order of the commission has a constit,,-
tional right to appeal to a federal court
to protect 1t from the enforcement of an
order which IT may show to be prima-
facie confiscatory or unjustly discrimina-
tory in Its effect: and 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 con-
trariety of decision
The questions presented by these an
pications are too often technical in
their character and require a knowledge
Of the business and the mastery of a
great volume Of conflicting evidence
which is tedious to examine and trou
blesoms to comprehend. 1t would not be
proper to attempt to deprive any cor
poration of the right to the review by
a court of any order or decree which
if undsturbed, would rob 1t of a reason
able return upon its investment or would
subject 1t to burdens which would un-
justly discriminate against It and in IA
vor of other carriers similarly situated
What Is. however, Of supreme impor-
lance is that the decision OF such oues-
ions shall be as speedy as the nature Of
the circumstances will admit, and thar
. uniformity of decision be secured so
as to bring about an effective, SYSTEM
commerce law, rather than conflicting de-
cisions and uncertainty of final result,
Recommends "Court Of Commerce"
For this purpose recommend the
establishment 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 as the United States court
OF commerce." which court shall be
clothed with exclusive original jurisdic-
ton over the following classes of cases:
~ All cases for the enforcement. 9TH
erwise than by adjudication and collec-
ton of forfeiture or penalty. or by in
niction of criminal punishment. of any
order of the interstate commerce COM
mission other than for the payment Of
money.
t2) All cases brought to enJoin, set
aside, annul or suspend any order or
requirement Of the interstate commerce
commission,
OF the act OF February 10. 1903. known
as the "Elkins act" are authorized to
be maintained in a circuit court of the
United States.
% All such mandamus proceedings
rs under the provisions of section 20 or
section % of the interstate commerce
law authorized to be maintained in !
circuit court of the United States.
Reasons precisely analogous to those
which induced the congress to create the |
court of customs appeals by the provi-
sions in the tariff act of August S. 1909. |
may be urged in support Of the creation
Of the commerce court.
In order to provide a sufficient num-
ber of Judges to enable this court to be
constituted it will be necessary to au- |
thorize the appointment of nve ado |
tional circuit Judges. who. for the pur- |
poses of appointment, might be distrib- |
uted to these circuits where there II at |
1.-The present time the largest volume of |
,Ausiness such ~ the second. third fourth. |
seventh and eighth circuits The act |
should empower the chief justice at any |