Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1910-01-20

Washington, Jan. THE following is
President Taft's 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
ito 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, l beg to submit to you certain recon-
mendations as to the amendments to the
interstate commerce law and certain con-
siderations 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 1905
attention is called to the fact that be-
tween July 1, 1908, and the close Of that
year, 16 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
rious 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-
Lsh 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
iders of the commissions; and it was point
ed out that If the contention of the car
riers in this latter respect alone were sus-
tanned. but little progress had been
made In the Hepburn act toward the eff
receive 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 regulat-
ing measure depended largely upon the
facility with which temporary injunc-
lions could be obtained. If railroad
company. by mere allegation in its bill
or complaint, supported by exparte afi-
idavits 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
If they fail, 1t 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
lheld to be reasonable. In point of fact
II usually profits. because 1t can seldom
De required to return more than 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
been decided in the supreme court of the
United States. although five other cases
had been argued, and submitted to that
tribunal in October 1909.
OF course, every carrier affected by an
order of the commission has constitu-
tional right to appeal to federal court
TO protect 1t from the enforcement of an
order which 1t may show to be prima-
facie confiscatory or unjustly discrimina-
tory In its effect: and as this application
may be made to court in any district of
the United States. not only does delay
result In the enforcement of the order,
put great uncertainty is caused by con-
trariety of decision.
The questions presented by these an
plications are too often technical in
their character and require a knowledee
of the business and the mastery of q
great volume of conflicting evidence
wnich Is tedious to examine and trou-
blesome to comprehend. 1t would not no
proper to attempt to deprive any cor
poration of the right to the review b,,
a court of any order or decree which
II undisturbed, would rob II of a reason,
able return upon its investment or wouId
buDJcCl II 10 DuTuenS Wnlcn would I'm
justly discriminate against 1t and In IA
vor of other carriers similarly situated
What is, however. of supreme impor-
lance is that the decision of such oi,es-
tons shall be as speedy as the nature OF
the circumstances will admit, and thar
q uniformity of decision be secured So
as to bring about an effective. system-
attic and scientific enforcement OF the
commerce law. rather than conflicting de-
cisions and uncertainty of final result
Recommends "Court of Commerce.
For this purpose I recommend the
establishment of court OF the United
States composed of five judges desip
mated for such purpose from among the
circuit judges of the United States 10
be known as the United States court
of commerce." which court shall he
clothed with exclusive original jurisdic-
ton over the following classes of cases.
~ All cases for the enforcement. 9TH
erwise than by adjudication and coIlec-
ton. of forfeiture or penalty, or by in
Fiction of criminal punishment of any
order of the interstate commerce COM
mission other than for the payment of
money.