The Julesburg grit-advocate., 1910-01-14
Makes Recommendations as to CON-
merce Law and the Trusts
WOULD CONSTITUTE A SPECIAL COURT
Judges Have Power Act in Certain Specified Cases
-Wisdo@ ef Federal Ineosposaton Of lndus.
trial Cempaniss Susesstsd--Scops
of Present Lawroo Wide


President raft's message to congress on
the subject Of needed legislation re-
I garding the interstate commerce Law and
the control of the trusts:
To the Senate and House Of Represent
atives: I withheld from my annual mes
oags . discussion OF needed legislation
onder the authority which congress has
% 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
N. beg to submit to you certain recon-
Oendations az to the amendments to the
lnterstate commerce law and certain con-
Oderations arising out OF the operations
0f the antitrust law suggesting the wis
oem of federal Incorporation Of indus
TRIAL companies.
interstate cemmeres Law.
In the annual report OF the interstate
commerce commission for the year 1903,
attsntion 10 called to the fact that be-
tween July 1, 1908, and the close Of that
year. ls suits had been begun to set aside
srders Of the commission (besides one
commenced before that date). and that
toW orders OF much consequence had
esen permitted to 90 without protest:
that the questions presented by these va
ssous suits were fundamental. a. the con-
st1tuuonality of the act itself vas in is
sue. and the right Of congress to dele
gate to any tribunal authority to estab-
ush An Interstate rate was Denied but
that perhaps the most serious practical
question raised concernt' the extent of
the hight Of the courts to review the or
eers Of the commission; and 1t was point
"a out that II the contention OF the car
siers in this latter respect alone were sus-
tained. but little progress had been
made In the Hepburn act toward the ef-
Ssctive regulation Of Interstate transpor-
tation charges. In II Of the cases re-
fsrred to. 1t was stated. preliminary in
functions were prayed for. being granted
IN six and refused in six.
1T has from the hrst been well under
Stood" says the commission. that the
success of the present act as q regulat-
ing measure depended largely upon the
facility with which temporary in1unc-
lions could be obtained. II . railroad
company. by mere allegation in its bill
Sf complaint. supported by exparte am
avtts. can overturn the result Of days
IF patient investigation. no very satisfac-
tory result can be expected. The railroad
loses nothing by these proceedings since
II 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
held to be reasonable. In point Of fact
It usually profits. because II can seldom
D. required to return more than a frac-
don 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 nvs other cases
had been argued. and submitted to that
tribunal In October. lS0
OF couEse. every carrier affected BY an
erder Of the commission has q constitu-
donal right to appeal to . federal court
TO protect II from the enforcement Of an
order which It may show to bs prima-
facie coniscatory or unjustly dfscrimina-
tory in its effect: and a. 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 ap-
plications are too often technical in
their character and require q knowledge
Of the business and the mastery of
great volume Of conflicting evidence
which IL tedious to examine and trou-
blesome to comprehend 1t would not be
proper to attempt to deprive any cor
poration of the right to the review by
. court of any order or decree which.
II undisturbed. would rob 1t of a reason
able return upon Its investment or would
subject 1t to burdens which would un.
Justly discriminate against 1t and in IA
vor of other carriers similarly situated.
What Is. however. of supreme impor.
ece is that the decision of such ques-
Ans shall be as speedy as the nature OF
'the circumstances will admit and thar
"a uniformity of decision be secured 30
q to bring about an effective, SYSTEM
attic and scientific enforcement Of the
commerce law, rather than conflicting de-
eisions and uncertainty OF nnal result
Recommends "Court of Commerce.
For this purpose l recommend the
establishment of . court of the United
States composed Of nve judges desiR-
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 b
clothed with exclusive original Jurisdic-
tion over the following classes Of cases:
Q) All cases for the enforcement 9th.
srwise than by adjudication and collec-
tion. of q 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.
(O All cases brought to enjoin. set
aside. annul or suspend any order
requirement OF the interstate commerce
commission.
(s All such cdses as under section
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.
20 All such mandamus proceedings
rs under the provisions of section 20 or
section q of the interstate commerce
law are 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 5. 1909.
may be urged in support of the creation
of the commerce court.
In order to provide sufficient num-
Der of judges to enable this court to be
constituted il will be necessary to
.boriza the appointment of five add
.ional circuit IudGes. who, for the pur-
noses of appointment might be distrib-
sted to -hrs circuits where there IL at
:. present tiTn,S the largest volume Of
.,a,+b and eighth circuits. The act
:, nd empower the chief Justice at any
10