Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-01-08


the text Of the presidents special
message on the Interstate Commerce
and Antitrust iaws, submitted in both
houses OF congress today:
TO the Senate and House of Repre-
sentatives:
i withheld from my annual message
a discussion OF needed legislation un'
der the authority which congress has
to regulate commerce between the
states and with foreign countries and
said that 1 would bring this subject
matter Of your attention later in the
session. Accordingly beg to submit
to you certain Recommendations as
to the amendments to the Interstate
Commerce law and certain considera-
tions arising out of the operations of
the antitrust law suggesting the wis
dom of federal incorporation OF in
dustrial companies.
Interstate Commerce Law.
In the unnual report of the Inter-
state Commerce Commission for the
year 1908 attention is called to the
fact that between July 1, 1908, and
the close of that year sixteen suits
had been begun to set aside orders
Of the commission (besides one COM
menced before that date), and the few
orders of much consequence had been
permitted to go without protest; that
the question presented by these vari-
Gus suits we're fundamental, as the
constitutionaqity 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-
MED; but that perhaps the most SER
tous practical question raised con-
courts to review the orders OF the
commission; and it was pointed out
that If the contention of the carriers
in this latter respect alone we're sus'
tained, but little progress had been
made in the Hepburn act toward the
effective regulation Of Interstate
transportation charges. In twelve-o of
the ceases referred to, it was rated,
preliminary injunctions were prayed
for, being granted in six and refused
in six.
1T has from the first been we'll
understood" says the commission,
that the success OF the present act
as a regulating measure depended
largely upon the facility with which
temporary injunctions could be OBJ
tanned. II railroad company, by
mere allegation in it's bill of CON-
plaint, supported by ex-parte af1dav-
its, can overturn the result of days
of patient investigation, no very sat-
isfactory result can be- expected. The
railroad loses nothing by these pro-
ceedings, since if they fail it 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 usual.
ly profits, because it can seldom be
required to return more than "a frac-
ton of the excess charges collect
3D."
Delays in Court.
In its report for the year 1909, the
commission shows that of the seven
teen cases referred to in it's 1909 re-
port, 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 i'm October, 1909.
OF course, every carrier affected by
an order of the commission has a
constitutional right to appeal to a !
federal court to protect it from the
enforcement of an order which it may
show tn ,he nrina faci, cOnfiscatorv