Arizona republican., 1910-01-08
TAFTs RECOMMENDATIONS.
For Making the Interstate Commerce Law More Elf fectual-Provision Invit- ing Corporations to Come
 Under Federal Control.

Washington, Jan. 7-Despite the in- tense interest in both houses of con- gress today over the Pincot letter oi yesterday. and the fact that the con- tents of the presidents special mes- sage had already been accurately out lined. that document was heard at- tentively.
 The message follows:
 I withheld from my annual message discussion of needed legislation un- der the authority which congress has to regulate commerce between the states. and with foreign countries. and said that I would bring this sub ject matter to your attention late in the session.
 Accordingly I beg to submit to you certain recommendations as to the amendments to the interstate com merce law and certain considerations arising out of the operations of the antitrust law. suggesting the wisdom of federal incorporation of industrial companies.
 DEFECTS OF THE LAW.
 In the annual report of the inter- state commerce commission of the year 1908 attention is called to the fact that. between July 1, 1908. and the close of that year. 16 suits have been begun to set aside orders of. the commission (besides one commenced before that date,) and that few or ders of much consequence have been permitted to go without protest; that the question presented by these va riOus suits were fundamental. as the constitutionality of the act itself was in issue. and the right of congress to delegate to any tribunal authority to establish an interstate rate was de- nied: but that, perhaps. the most se- rious practical question raised con- cerned the extent of the right of the courts to review the orders of the that if the contention of the carriers in this latter respect alone was sus- tained. but little progress had been made in the Hepburn act toward the effective regulation of interstate tfans- portation charges
 In twelve of the cases referred to, it was stated preliminary iniunctions were prayed for. being granted in six and refused in six.
 TOO EASILY OBSTRUCTED.
 Tt has from the first been well un- the success of the present act as regulating measure depends largely upon the facility with which tempo rary injunctions could be obtained. If railroad company. by mere allega- ton in it's bill of complaint. support ed by ex parte affidavits. can over turn the result of days of patient in- vestigation. no very satisfactory re- suit can be expected. The railroads lose by the proceedings. since. if they fail. it can only be required to estab- fish the rate and to pay the 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, be- cause it can seldom be required to re-S turn more than a fraction of the ex- cess charges collected"
 Of course. every carrier affected by the order of the commission has 2 constitutional right to appeal to fed eral court to protect it from the cn- forcement of an order which it may show to be prima facie confiscatory or unjustly discriminatory in its effects. and, as this application may be made to court in any district of the United States. not only does it delay result in the enforcement of the order. but great uncertainty is caused by con- trariety of decision.
 What is. however, of supreme im- portance, is that the decision of such questions shall be as speedy as the nature of the circumstances will ad- init and that uniformity of decision be secured so as to bring about an effective, systematic and scientific en- forcement of the commerce law. rather than conflicting decisions and of final result
 A COURT OF COMMERCE.
 For this purpose. I recommend the of a court of the United states composed of five judges des- ignated for such purpose from among