The Greenville journal. [volume] (Greenville, Ohio) 1850-1918, 1910-01-13

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President Taft's message to congress on
the subject of needed legislation re-
garding the interstate commerce law and
the control of the trusts:
To the Senate and House of Represent
atiyes: l withheld from my annual mes
sage discussion of needed legislation
under the authority which congress has
TO regulate commerce between the states
and with foreign countries, and said that
! would bring this subject-matter to your
attention later in the session. According
ly, l beg to submit to you certain recon-
mendations as to the amendments to the
interstate commerce law and certain con-
sideTations 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, 16 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;
that the questions presented by these va
rOus 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-
lish 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
riers in this latter respect alone were sus-
tanned. but little progress had been
made in the Hepburn act toward the, eff
fective regulation of interstate transpor-
tation charges. In ~ 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 we'll 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-
tions could be obtained. If a railroad
company, by mere allegation in it's bill
of complaint, supported by exparte affi-
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
IL 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
be required to return more than a frac-
tion 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 FIVE other cases
had been argued, and submitted to that
tribunal in October. 1909
OF course, every carrier affected by ar
ordar of he ice haS
tional right to appeal to a federal court
to protect it from the enforcement of ar
order which it may show to be prima.
facie conf1scatory or unjustly discrimina.
tory in its effect; and as this application
may be made to q court in any district OF
the United States. not only does DELAY
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 ir
their character and require a knowledge
of the business and the mastery of q
great volume of conflicting evidence
which is tedious to examine and trou
blesome to comprehend. 1t would not bt
proper to attempt to deprive any cor
poraton of the right to the review b,
a court of any order or decree which
. IL undisturbed, would rob it of a reason
able return upon it's investment or would
subject it to burdens which would un
justly discriminate against it and in ia
vor of other carriers similarly situated
What is, however, of supreme impor
tance is that the decision of such cues
tionS shall be as speedy as the nature o.
the circumstances will admit and tha
uniformity of decision be secured 81
as to bring about an effective, system
attic and scientific enforcement of tn,
commerce law, rather than conflicting de
cisionS and uncertainty Of final result
Recommends "Court of Commerce"
For this purpose recommend the
establishment of a court OF the United
States composed of five judges desig
mated for such purpose from among tn
circuit Judges of the United States I,
bo known as the United States cour
OF commerce." which court shall b.
clothed with exclusive original jurisdic
ton over the following classes Of cases
u) 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 an!
order OF the interstate commerce com
mission other than for the payment o
money.
(2) All cases brought to enjoin, Sc
aside annul or suspend any order o
requirement of the interstate commerc
commission.
(3) All such cases as under section
of the act of February 10, 1903, know
as the "Elkins act," are authorized t
be maintained in a circuit court of tn
United States.
% All such mandamus proceeding
as under the provisions of section 20 o
section % of the interstate commerc
law are authorized to be maintained In
circuit court of the United States.
Reasons precisely analogous to thos
which induced the congress to create tn
court of customs appeals by the provi
sions in the tariff act of August 5, 1870.
may be urged in support of the creatio
of the commerce court.
In order to provide a sufficient mum
ber of judges 10 enable this court to b
constituted it will be necessary to au
thorize the appointment Of five add.
tonal circuit judges, who, for the pun
poses of appointment, might be distrih
uted to those circuits where there Is a
the present time the largest volume Q
business such as the second, third, fourth
seventh and eighth circuits. The &C
should empower the chief justice at an