The Springfield herald., 1910-01-14
COMMERCE LAW
AND THE TRUSTS
TREATED BY TAFT
PRESIDENT HANDLES TWO I'M
PoRTANT TOPICS IN HIS sPE-
ciAL MESSAGE TO CONGRESS.
WANTS NEW COURT CREATED
Tribunal Would Hear Cases Arising
Under the Interstate law-Chief
Executive Also Urges Fedora, In
corporation Statute to Suppress
Abuses and Not to Destroy le9iti-
mate Combinations Of Capital.

Washington, Jan. 7.-Needcd legislation
concerning the interstate commerce law
and the control OF trusts formed the sub
ject OF President Taft's special message
to congress. The president calls ntten.
ton to the partial failure OF the present
the frequent appeals from its decisions
to federal courts md 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
the review by court of any order or de.
cree which, II undisturbed, would rob II
of q reasonable return upon Its invest
ment or would subject 1t to burdens
against 1t and In favor OF other carriers
similarly situated. What is. however. of
supreme Importance is that the decision
of such questions shall be as speedy as
the nature of the circumstances will ad-
secured so as to bring about an effec-
tive. systematic and scientific enforce
ment OF the comerce law, rather than
final result.
Recommends "court Of Commerce"
For this purpose recommend the es-
tablishment of court OF the United
mated for such purpose from among the
circuit Judges Of the united States, to
as the s'a.ds sba eoup be
clothed with exclusive original jurisdic-
ton over the following classes of cases:
erwise than by ajudication and collec-
ton of a forfeiture or penalty, or by In
Fiction of criminal punishment. Of any
order of the Interstate commerce COM
mission other than for the payment of
money.
aside. annul suspend any order or
requirement of the Interstate commerce
commission.
80 All such cases as under section 3
of the act of February 10, 1903. known
m n "a n
ted States.
20 All such mandamus proceedings as
under the provisions of section % or sec
tion % 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
court of customs appeals by the provi-
may be urged in support OF the creation
of the commerce court.
TN order to provide n sufficient num-
Der of Judges to enable this court to be
constituted 1t will be necessary to author,
lie Gie,,, the a aappointmnent OF fve . aGditonai al
those circuits where there is at the pres
such the second. third. fourth. seventh
and eighth circuits. The act should en-
the business of the court of commerce
does not require the services of all the
Judges to reassign the judges designated
they respectively belong; and It should
also provide for payment to such Judges
while sitting by assignment in the court
OF commerce OF such additional amount
ms Is necessary to bring their annual
compensation up to $4,000.
Only Second to Supreme Court.
1.-The regular sessions OF such court
should be held at the capitol. but it
should be empowered to hold sessions in
different parts of the United States If
found desirable: and its orders and judg-
ments should be made final. subject only
to review by the supreme court of the
United States. with the provision that
the operation of the decree appealed from
shall not be stayed unless the supreme
court shall so order; The commerce court
restrain suspend the operation of
order of the interstate commerce commits
sion under review pending the final hear
Ing and determination of the proceeding,
but no such restraining order should be
made except upon notice and afetr hear
damage would otherwise ensue to the pc
titioner. Judge OF that court might
be empowered to allow a stay of the
commissions order for period of not
more than 50 days. but pending applica-
ton, then only where his order shall con-
tain a specific finding based upon evil
dence submitted to the judge making the
that such irreparable damage would
suit to the petitioner; specifying the ma
Under the existing law the Interstate
commerce commission itself initiates and
defends litigation in the courts for the
ders and decrees. and for this purpose it
employs attorneys. who, while subject to
the control of the attorney general. act
upon the initiative and under the instruc-
tions of the commission. This blending
of administrative, legislative and judi
cial functions tends. in my opinion. to
inrOair the efficiency of the commission
by clothing il with partisan characteris-
tics and robbinG 1t OF the impartial judi
cial attitude II should occupy In pass
ing upon questions submitted TO 1t. In
my opinion all litigation affecting the
government should be under the direct
control of the department of Justice; and
! therefore recommend that all proceed
inEs affecting orders and decrees OF the
interstate commerce commission be
brought by against the United States
nomine. and be placed in charge of an
assistant attorney general acting under
the dissection of the attorney general"
Would Permit Agreements.
Coming to the subject of railroad pools
and traffic agreements. the president
saws:
''The Republican platform OF 1905 en-
pressed the belief that the interstate
commerce lnw should be further amend
ed to give the railroads the right
to make any public traffic agreements
subject to the approval OF the commits
sion. but maintaining always the prin-
ciple of competition between naturally
competing lines and avoiding the com
mon control of such lines by any means
whatsoever.
Tn view of the complete control over