The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1910-01-04

/ clearer the responsibilities fixed on the
railroads, and others merely verbal, were
adopted by the President. who will make
! the necessary changes in the bill and his
spec al message.
Create Commerce Court.
The administration bin provides for the
creation Of a commerce court, in which
is to be vested exclusively the jurisdlc-
ton now possessed by the circuit and
district courts and the circuit courts OF
appeals OF the United States in regard
to the enforcement or review of orders
of the Interstate Commerce Commission.
II is provided also that applications for
iniunctions TO restrain the commissions
orders shall be heard by this court, from
which the only appeal will be TO the Su-
prcme Court Of the United States-and
then only in cases where a constitutional
question Is involved.
The railroad presidents offered objec-
ton to the creation Of the commerce
court on the ground that it would
amount 10 the creation Of another inter-
state commerce commission, and thus
compel the railroads TO deal with two
commissions instead of one.
The President. however, indicated he
would not change his views with respect
to the commerce court
objects to PrOmissOry Note Feature.
Arguments were advanced by the rail-
road men against the provision Of she
Administrative bill forbidding interstate
railroad companies 70 borrow money On
promissory notes for longer period than
twelve months, or to raise money through
additional issues of stocks or bonds, un-
less under condition prescribed by the In
terstate Commerce Commission. The
railroad presidents insisted tina. this
would prevent their companies from rails
ing large sums OF money frequently nee
essary for new construction and for
other legitimate purposes. and they pre-
scented a number of additional reasons
why. in their opinion, it should be eliml-
mated from tie bill Nothing appeared.
however, TO indicate mat the President
intended TO make any change IN the pro-
vision which the railroad men found so
objectionable.
Objection was made also 10 those fea-
lures Of the Presidents bill compelling
competing carriers 10 unite in fixing a
through rate and giving shippers the
right to designate routes over which their
shipments shall be carried. There were
objections 10 the provisions giving 70 the
Interstate Commerce Commission the
right TO postpone the date when a new
rate Of classification shall take effect
and the right to suspend, modify. or an
nul changes in rules or regulations re-
garded by the commission as imposing
undue burdens on the shippers.
Raise More Objections.
Another thing proposed which met crit
icism was the proposed provision requir-
ing the agent OF the railroad company
TO inform a shipper Of the amount OF a
through rate, even where competing lines
served as carriers. II has been main
tanned that the shipper should ascertain
this information for himself from the
rate and classification sheets and not
subject railroad agent, many Of whom
are merely ticket sellers and baggage
men, TO fine for making an error While
It was gathered that some verbal changes
will be made to make these provisions
clearer. the understanding was obtained
that the notifications will not be ma
terial
1t is understood that If any determined
effort is made by the administration to
put through this proposed Interstate COM
merce legislation at the current session
Of Congress, the big railroad companies |
VIII not unite in making a strenuous OIL |
position, as they did at the time the rail- |
way rate amendatory measure was under |
consideration by Congress in 1906. They |
viii present arguments, it was said, but |
go no further unless Congress calls on |
them <or additional enlightenment.
Antitrust Message with Printers.
The text Of President Tafts antitrust |
message. which will be presented to Con- |
gres2 or Thursday, was sent to the Gov |
eminent Printing Office yesterday after
noon to have copies printed for distribu- |
ton. 1t will give the Presidents reasons |
for believing no amendments to the Sher-
man law are necessary, but legislation
supplementary 10 the law should be en-
acted providing for Federal incorporation
of interstate corporations, except rail-
roads. A bill has been drawn by Attor
ney General Wickersham embodying the
ideas advocated by the President in his
message.
The President VIII urge that Congress
enact law prescribing conditions under
which corporations may obtain certificates
OF Incorporation from the Department Of
Commerce and Labor to do an interstate
business. Such conditions as are pre-
scribed by Congress, such as limiting is
sues of stocks, bonds, &c, must be COM
piled with by corporations. according to
the administration view. before a GER
tihcate Of incorporation shall be granted
Cannot BE Revoked by Executive,
After a study of judicial opinions on
the subject, the President apparently has
come to the conclusion that once a GER
tifcate Of Incorporation is granted by the
executive government under general au-
thority Of Congress, 1t cannot be re-
Foked by the Executive, as It is property
md also a contract, and to obtain it's rev.
ocation the government must proceed