The Charles Mix new era. (Wagner, Charles Mix County, S.D.) 1???-1911, 1910-01-14
COMMERCE LAW
. AND THE TRUSTS
TREATED BY TAFT
PRESIDENT HANDLES TWO IN.
PoRTANT TOPICS IN HIS sPe.
cIAL MESSAGE TO CONGRESS.
WANTS NEW COURT CREATED

Executive Also Urges Federal In
corporation Statute to Suppress
Abuses and Not to Destroy Leaiti.
mate Combinations Of Capital.
Washington. Jan. Needed legislation
concerning the interstate law
and the control Of trusts formed the sub
tect Of President Taft's special message
to congress. The president calls atten-
law to get results because Of
the frequent appeals from its decisions
to federal courts and the slowness of the
Eupreme court In deciding these cases.
1T would not be proper to attempt to
Deprive any corporation of the right to
the Inc review wh, oy a court Of any order or de-
OF q reasonable return upon its invest
ment or would subject It to burdens
SFainst II would ouG n gniastly Discriminate
similarly situated. What is. however. of
supreme Importance is that the decision
OF such Questions shall be as speedy as
the nature OF the circumstances will ad-
init, and that a uniformity of decision be
secured so as to bring about an effec-
we systematic and scientific enforce
ment or the comerce law. rather than
conflicting decisions and uncertainty of
final result.
Recommends "court of Commerce."
For this purpose l recommend the es-
s Sia,ss OF a court of the United
STATES ted composed of five judges desig-
mated Tor such purpose from among the
circuit judges OF the United States, to
De known as the United States court
o. commerce which court shall be
clothed with exclusive original jurisdic-
ton over the following classes of cases:
"D All cases for the enforcement. 9TH
erwise than by ajudication and %collec-
uon. OF a forfeiture or penalty, or by in
fiction of criminal punishment. of any
order OF the Interstate m com
money.
go All cases brought to enjoin. set
aside, ANN or suspend any order or
commission.
go All such cases as under section 3
or the act of February 10, 1903, known
as the 'Elkins act, are authorized to be
maintained In a circuit court of the Uni
ted States.
90 All such mandamus proceedings as
under the provisions of section % or sec
ton 23 or the interstate mn law
are authorized to be maintained in a cir
cult court Of the United States.
reasons precisely analogous to those
which induced the congress TO create the
court or customs appeals by the provi-
sions In the tariff act of August s, 1909.
may be urged in support of the creation
or the court.
In order to provide a sufficient num-
Der OF judges to enable this court to be
constituted it will be necessary to author
ize the appointment of five additional
circuit judges. who, for the purposes OF
appointment. might be distributed to
1nose circuits where there is at the pres
euch as the second. third, fourth, seventh
and eighth circuits. The act should en-
power the chief justice at any time when
the business of the court OF m
does not require the services of all the
judges to reassign the judges designated
to that court to the circuits to which
they respectively belong: and it should
also provide for payment to such judges
while sitting by assignment in the court
OF commerce OF such additional amount
compensation up to $40. 600.
Only Second to Supreme Court.
The regular sessions of such court
should be held at the capitol. but 1t
should be empowered to hold sessions in
found desirable: and it's orders and judg-
ments should be made final, subject only
70 review by the supreme court of the
United States. with the provision that
the operation Of the decree appealed from
shall not be stayed unless the supreme
court shall so order. The m court
should be empowered in It's discretion to
RESTRAIN or suspend the operation of an
Iorder or the interstate commerce commits
Islon under review pending the final hear
ing and determination of the proceeding,
but no such restraining order should be
made except upon notice and afetr hear
Ing. unless In cases where irreparable
aamage would otherwise ensue to the pc
|%ttioner. A judge of that court might
be empowered to allow a stay OF the
commissions order for a period OF not
more than 60 days. but pending a~pplica-
Huon TO the court OF its order or injunc-
uuon, then only where his order shall con-
Viain a specific finding based upon evil
Ioence submitted to the judge making the
Iorder and Identified by reference thereto
Ilhat such irreparable damage would re-
Tut to the petitioner: specifying the ma
lure OF the damage"
Under the existing law the Interstate
commerce commission itself initiates and
IoeIends litigation In the courts for the
enforcement or In the defense OF its or
Iuers and DEGREES. and for this purpose 1t
employs attorneys. who, while subject to
THE control Of the attorney general. act
Iuupon the Initiative and under the %instruc-
Iot Administrative legislative and judi
ucial functions ends. In my opinion. to
Impair the efficiency OF the commission
kucs and robbinG II OF the Impartial Judi
uslal attitude II should occupy in pass
ing upon questions submitted to II. In
government. should be under the direct
therefore recon3mend that all proceed
n rs snsctinx orders and DEGREES OF the
brought by or against the United States
10 nomine. and b4 placed IN charge OF an
v"s direction OF tite attorney general"
Would Per1MN Agreements.
Coming to the stbject OF railroad pools
says: %
The Republicans platform Of 1908 ex-
pressed the beiinf that th@ Interstate
commerce. law shkuid be further. amend
An to give t1he railroads the right
Y @ake any pu4Aic trafic agreements
ksuoJect to the a1Droval OF TIE commits
Ion, but maintaI6inE always the prin-
apIe OF co~mpeuhtbn betweeno naturally
competing lines. And avoiding the com
Whatsoever.
In view ~ ,,le complete control over