The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1910-01-07
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ed through routes 10 which the initial
carrier may be a party
That as 10 the future one railroad
shah be prevented having an interest IN
competing line, except under certain
specified conditions.
That Interstate commerce litigation
shall be placed under the control Of the
Department Of Justice ana lis control
taken from the Interstate Commerce
Commission
That the safety appliance law and the
employers liability act be strengthened
On the subject Of the Sherman law
and the control Of corporations the
Presidents utteranCes are quite as M
porJanT- he does not recommend me
direct modification OF the Sherman stat
ute he urges the enactment of a law
for the voluntary national iuCOrpOra-
ton Of concerns in interstate business
Along with such Incorporation would 20
q large measure Of Federal control and
practical immunity from prosecution
Law Interpreted.
Of not less moment than his recon-
meudation that q law for national in
corporation be passed. is the President's
Interpretation Of the Sherman antitrust
law. He goes in detail over the work
ings OF this law and the interpretations
placed On IL by the court
He announces the doctrine that the
Sherman law Is not violated only where
the combination OF conspiracy OF con-
tract inevitably and directly q sub
-stantiaI restraint Of competition. and so
a restraint Of trade" In other words,
the Presfde-- holds that mere COmblna-
ton, and mere incidental elimination
OF competition. without substantial re
strainS OF trade. do not come within the
inhibition Of the Sherman act
That this indicates n large measure
that the Department Of Justice viii not
bring prosecutions unsisr the sherman
Law under this Administration merely
because Of combination unless there
IS strong evidence OF substantial re-
straint Of trade and effort 10 monopo-
Ollie, goes without saying
The President maintains the sherman
law is valuable, and should not be
stripped from the statute books
The message follows
To the Senate and House Of Represen-
tatives.
7 withheld from my annual message
a discussion Of needed legislation under
she authority which Congress mas 70
regulate commerce between the States
and with foreign countries and said
that I would bring this sUbiect-UUtter
70 vollr attention later in the session
Accordingly, I beg 10 submit TO you
certain recommendation as 10 the
amendments 10 the interstate commerce
Law and certain considerations arising
out Of the operations OF the antitrust
law suggesting the wisdom Of Federal
incorporation OF industrial companies
Interstate Commerce.
In the annual report of the Interstate
commerce Commission for the year 1893
attention Is called to the fact that be
tween July 1. 1905 and the close Of that
year sixteen suits had been begun 10
81 -aa.r Ion HlHa-
sides ore commenced before thai date,
and that few orders OF much Conse-.
ouence had been permitted 10 90 with
out protest. that the questions present.
ed BY these various suits were 1uu-
darentaI, as the cOEstitUtiOuality Of the
act itself was IN issue and the right OF
Congress 10 delegate to any tribunal
authority to establish an interstate rate
was denied: but that perhaps the most
serious practical question raised con
cerned the extent Of the right Of The
courts to review the orders OF the com
mission and II was pointed out that II
the contention Of the carriers in TINS
latter .respact alone were sustained. but
little progress had been made in The
Hepburn act toward the effective reSU-
7zrfon Of interstate transportation
charges In twelve Of the cases refer
red TO, II was stated preliminary IL
functions were prayed Tor beng granted
80 six and refused in SIX
- 1T has from the first been vel IN
Cersrood, says the commission, tna-
-f7a success OF the present act as
reZuIs ding measure depended largely
upon the facility with which tempo
r-arv infunCtiOns could be obtained II
q railroad company DF mere a4-eSa-
a5on in its bill Of complaint, supported
by ex Darte affidavirs, can OvertUrn the
result OF days OF patient inE6StlE CATION
no very satisfactory result can be eX-
uecfed The railroad loses nothing by
these proceedings. since IL they fail II
can only be required 10 establish the
rate and 10 pay 10 shippers the OIL
ference between the higher rate col
Iecred and the rate which IS finally held
10 be reasonable in point OF fact II
usually profits. because Z can seldom
l7a REQUIRED to return more than a frac-
ion Of the excess charges collected
M rosa naoidnd