The Iuka vidette. (Iuka, Miss.) 1894-1912, 1910-01-13

President Taft's message to congress on
the subject of needed legislation re-
sarding the interstate commerce law and
the control of the trusts:
10 the Senate and House of Represent
atives: L withheld from my annual mes
sage discussion of needed legislation
under the authority which congress has
TO regulate commerce between the states
ana 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 ]. 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:
mat 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-
ilsh 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 If the contention of the car
rlers In this latter respect alone were sus-
tanned, but little progress had been
made In the HaDhi1rD acf or1
fective regulation of interstate transpor-
tatfon charges. In u 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-
tons could be obtained. II a railroad
company. by mere allegation in its bill
of complaint. supported by exparte aft
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, 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
1t usually profits, because 1t 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
been decided in the supreme court of the
United States. although Ave 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 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 as this application
may be made to a court In any district OF
the United States. not only does delav
result In the enforcement of the order.
but great uncertainty Is caused by con-
trariety of decision.
The questions presented by these an
plcations are too often technical In
their character and require a knowledge
of the business and the mastery of n
great volume of conflicting evidence
which is tedious to examine and troI,-
blesome to comprehend It would NOT be
proper to attempt to deprive any cor
poration of the right to the review nv
a court of any order or decree which
IL undisturbed. would rob Ii OF reason
able return upon its investment or Womb
subject 1t to burdens which would nm
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 ones
tions shall be as speedy as the nature If
the circumstances will admit, and thar
uniformity of decision be secured %
as to bring about an effective, SYSTEM
attic and scientific enforcement of the
commerce law, rather than conflicting de-
clsons and uncertainty OF final result.
Recommends "court of Commerce.
For this purpose l 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. 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:
"a All cases for the enforcement. 9TH
erwise than by adjudication and collec-
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.