The Montgomery tribune., 1910-01-14
COMMERCE law. n. I
AND THE TRUSTS
TREATED BY TAFT.
PRESIDENT HANDLES TWO I'M.
PoRTANT TOPICS IN HIS sPE.
cIAL MESSAGE TO CONGRESS.
WANTS NEW COURT CREATED

Onoer the interstate laW--Chief
Executive Also Urges Federal In
corporation Statute to Suppress
Abuses and Not to Destroy Lesiti-
mate Combinations of Capital.
Washington, Jan. 7-Needed legislation
concerning the interstate commerce law
and the control of trusts formed the SUBJ
ject of President Taft's special message
or 10 c9nsress io res The president calls atten
commerce law to get results because of
the frequent appeals from its decisions
to federal courts and the slowness Of the
supreme court in deciding these cases.
The message says.
1T would not be proper to attempt to
deprive any corporation of the, right to
cree which. If undisturbed, would rob 1t
of reasonable return upon it's invest-
WSen %SR or wS%d wSHq sq9SH nSSsy it 5G 94dsqs
against 1t and in favor of other carriers
similarly situated. What is, however. of
of such questions shall be as speedy as
the nature of the circumstances will ad-
NIT and that uniformity of decision be
secured so as to bring about an effec-
tive. systematic and scientific enforce
ment of the comerce law, rather than
conflicting decisions and uncertainty of
final result.
Recommends "Court of Commerce.
For this purpose I recommend the es-
tablshment of court of the United
States composed of five Judges desig-
mated for such purpose from among the
S circuit judges Of the United States, to
OF commerce. which court shall be
clothed with exclusive original jurisdic-
tion over, the following classes of cases:
"q All cases for the enforcement, 9TH
erwlse than by ajudication and collec-
ton. of a forfeiture or penalty, or by in
Illction OF criminal punishment, of any
ina
mission other than for the payment of
money.
90 All cases brought to enjoin, set
aside, annui or suspend any order or
requirement of the interstate commerce
commission.
"(0 All such cases as under section 3
OF the act of February 49, 1903, known
as the 'Elkins act are authorized to be
maintained in circuit court of the Uni
ted States.
80 All such .mandamus proceedings as
under the provisions of section 20 or sec
ton 2S of the interstate commerce 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
sions in the tariff act of August s, 1909,
may be urged in support of the creation
OF the commerce court.
, In order to provide a sufficient num-
constituted 1t will be necessary to author
lie the appointment of five additional
appointment, might be distributed to
those circuits where there is at the pres
ent time the largest volume of business
and eighth circuits. The act should en-
power the chief justice at any time when
the business Of the court of commerce
judges to reassign the judges designated
to that court to the circuits to which
they respectively belong; and it should
while sitting by assignment in the court
OF commerce of such additional amount
as Is necessary to bring their annual
compensation UP to $4,000.
Only Second to Supreme Court.
''The regular sessions of such court
should be held at the capitol, but it
should be empowered to hold sessions in
ddltterent parts of the United States if
tnents should be made final subject only
to review by the supreme court of the
United States, with the provision that
shall not be stayed unless the supreme
court shall so order The commerce court |
should be empowered in it's discretion to
restrain or suspend the operation of an |
order Of the interstate commerce commits |
sion under review pending the final hear |
ing ana determination of the proceeding, |
put no such restraining order should be |
MADE except upon notice and afetr hear |
ing, unless in cases where irreparablo |
damage would otherwise ensue to the pc |
titioner. A judge of that court might |
be empowered to allow a stay of the |
order for a period of not |
more than 60 days. but pending applica- |
tion TO the court of its order or iniunc- |
ton, then only where his order shall con- |
tain specific. finding based upon evil |
dence submitted to the judge making the |
that such irreparable damage would re- |
suit to the petitioner, specifying the ma |
ture or the damage"
Under the existing law the Interstate
commerce commission itself initiates and |
oeIenos htlgation in the courts for the |
enforcement, or in the defense of its or |
ders and DEGREES and for this purpose it |
employs attorneys, who, while subject to |
the control OF the attorney general act |
upon upon the III mi initiative and under the instruc
OF administrative, legislative and judi |
cial functions tends, in my opinion, to
by clothing It with partisan characteris-
tics and robbing it of the impartial judi
eial attitude II, should occupy in pass
Ing Ing upon upon, questions submitted to it. In
government should be under the direct |
control of the department of Justice: and
!ngs affecting orders and DEGREES of the
interstate commerce commission be
brought by or against the United States
60 nomine, and be placed in charge of an
the direction of the attorney general"
Would Permit Agreements.
Coming to the subject of railroad pools
and traffic agreements, the president
says:
'"The Republican platform OF 1908 ex-
pressed the belief that the interstate
commerce law should be further amend
I'd SO as to give the railroads the right
10 make any public traffic agreements
subject to the approval of the commits
sion, but maintaining always the prin-
siple Of competition. between naturally
lines, and avoiding the COM
non control of such lines by any means
whatsoever.
I'm view of the complete control over