The Barre daily times. (Barre, Vt.) 1897-1959, 1910-01-07
To Carry Out Orders Of In
terstate Com.
MESSAGE BY TAFT TODAY
He Also Asks for a General Corporation
Law Which viii Curb Railroad
from Taking Capital Stock
in Others.

Washington, D. G., Jan. THE
opening gun in President Taft's cam
paign for constructive legislation was
fired to-day, when he sent message to
congress, recommending an amendment
TO the interstate commerce law. Fore
most among tbs recommendations are
tlD the formation 81 United States
court Of commerce to carry out orders
Of the interstate commerce commission.
t2l the prosecution and defense Of cases
made BY the interstate commerce com
mission by the department Of justice,
instead Of by special attorneys, and
Isl the enactment Of a provision fol.
bidding railroads to acquire capital stock
in competing lines,
After reviewing the reports Of the IN
terstate commerce commission for 1908
and 1909, President Taft said
For this purpose recommend the es.
tablishment of court Of the United
states composed 81 five Judges designated
for such purpose from among the circuit
judges Of the United States, to Be known
a. the United states court Of commerce.
which court shall be clothed with ex
elusive original jurisdiction over the fol
lowing eiasses Of cases
aill All cases for the enforcement
otherwise than BY adjudication and col
lection Of forfeiture or penalty. or BY
infection Of criminal punishment, Of any
order Of tie interstate commerce commits
sion other than for the payment Of
money
@l2l All cases brought TO enioin, set
aside annul or suspend any order q
requirement of the interstate commerce
commission.
"t3) All such cases as under section 2
Of the act Of February 10. 1903, known
IS the Ellins act. are authorized to be
maintained ii a circuit court Of tie
United states
al4l All such mandamus proceedings
nder the provisions of section p 81
seefi0n % of the interstate commerce
law ara authorized to be maintained II
3 circuit court Of the United States
Speaking further on the same subject
President Taft said
Under the existing law, the interstate
commerce commission itself initiates and
defends litigation Ia the courts for the
enforcement, Or ia the defense of it's
orders and DEGREES and for this purpose
IT employs attorneys who, while subject
to the control of the attorney general. |
act upon the initiative and under the
instructions Of the commission This
blending Of administrative, Legislative |
end judicial functions tends, in my opin
ion. to impair the efficiency Of the com
mission by clothing it with partisan
characteristics and robbing It Of the I'M
partial judicial attitude it should occupy
il passing upon questions submitted to
IT. n my opinion all litigation affecting |
the government should be under the di |
rect control OF the department Of iustieei +
and ! therefore recommend that all pro
eeedines affecting orders and deerees Of
the Interstate commerce commission be /
brought bv o. against the United States
eo nomine, and he placed IN charge eff +
an assistant attorney general acting uH
der the direction Of The attorney gem
eral"
Railroad Legislation.
Turning to the subject of the reglla
ton Of railroad companies, President
Taft said.
Through all our consideration of this F
grave question: however, we must insist
that the suppression Of competition the
controlling Of prices, and tie monopoly +
OF attempt to monopolize in interstate
commerce and business are not only m.
lawful but contrary to the public GOOD
ard that they must Be restrained and
punished until ended
II therefore recommend the enactment
by CONGRESS Of general law providing
for the formation of corporations to en-
gage IN trade and commerce among tile
states and with foreign nations, protect
ing them from undue interference IN the
STATES and regulating their activities,
50 as to prevent tho recurrence. under
national auspices, Of those abuses which
have arisen under state control Such
= law should provide for the Issue Of
stock Of such corporations 10 an amount
equal only 70 the cash paid in on the
stock; and If the stock be issued for
property. then at a fair valuation ascer. I
fained under approval and supervision Of
federal authority after full and com
plete disclosure Of all the facts perfsin /,
ing TO the value Of such property and the
interest therein Of the persons To whom
Il IS proposed to issue stock 81 payment
ii such property, II should subject the
resi- and personal property only af such
corporations to the same taxation al Is
Imposed by the states within which It
may ba situated upon other similar prop
ertv located therein and It should re-
auire such corporations to iile fuH and
complete reports Of then operations with
The department of commerce and labor
q regular intervals Corporations Of
aani1ed under this act should be prohib
ited from acquiring and holding stock ii
ether corporations ieyoept for spaeial
reasons upon approval hv the proper
federal authorityl thls avoiding tie ere
alton under national auspices e the
hoIdine company with subordinate sar
fofatiens 70 different states which has
hen peh an effective aaeney in the ere
isa ef the great trusts and monop
eliaa.