The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-01-08

merce and antitrust laws, submitted
in both houses of Congress today:
To the Senate and House of Represen-
tatfyes.
I withheld from my annual message
a discussion of needed legislation under
the authority which Congress has 70
regulate commerce between the states
and with foreign countries and said
that 1 would bring this matter to your
attention later in the session. Second
ly, I beg to submit to you certain
recommendations as TO amendments to
the interstate commerce law and Ger
tain considerations arising out of The
operations of the antitrust law, sng
costing the wisdom of federal incor-
poration of industrial companies.
Interstate Commerce LAWN the
annual report of the interstate COM
merce commission for the year 1908.
attention is called to the fact that be-
tween July l. 1908, and the close of
that year, 16 suits had been begun TO
set aside orders of the commission
1besides 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 various suits were
fundamental, as the constitutionality Of
the act itself was in issue and the
right of Congress to delegate to any
tribunal auth GRITTY to establish an in
terstate rate was denied; but that per-
haps the most serious practical ques-.
tion raised concerned the extent of the
right of the courts to review the or
ders of the commission; and it was
pointed out that If the contention of
the carriers in this latter respect alone
were sustained, but little progress had
been made in the Hepburn act towsph
the effective regulation of transporta
ton charges. In IL of tn csc cases re-
ferred to, 1t was stated, preliminary
injunctions were prayed for being
granted in six and refused in six.
Use of the Injunction.
1t has from the first been well I'M
derstood. says the commission, that the
success of the present act as a regu-
lating measure depended largely upon
the facility with which temporary in
functions could be obtained. If rail-
road company, by mere allegation in
its bill of complaint. supported by ex-
parte af1davits could overturn the re-
suit of days of patient investigation,
no very satisfactory result can be OK
pected The railroad loses nothing lfy
these proceedings, since If ii fails 1t
can only be required to establish the
rate and to pay the shippers the diff
ference between the higher rate col
lected and the rate which is finally
held to be reasonable. In point of fact,
1t usually profits, because it can sell
dom be required to return more than
a fraction of the excess charges col
lected.
In its report for year 1909. the conf
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 9TH
er cases had been argued and submit
ted to that tribunal in October, 1903.
OF course, every carrier affected by
an order of the commission has con-
stitutional right to appeal to a federal
court to protect it from the enforce
ment of an order which it may show
to be prima facie confscatory. or I'M
justly discriminatory in it's effect; aud
as this application may be made To a
court in any district of the United
States. 1t not only delays results in the
enforcement of the order, but great
uncertainty is caused by contrariety of
decision.
The question presented by these appii-
cations are too often technical in their
character and require knowledge of the
business and the mastery OF a great vol
urne of conflicting evidence, which is ted
icus to examine and troublesome to COM
prehend.
Rights of Corporations.
It would not be proper to attempt to de-
prlVe any corpols'ioh VI INC iielI ~ NY
review by couf' Vi any ,uei u 60
WHICH, - ulie . ~ 80 49, ,'Iot, =.
reasonable letuih nPoi i's NV es ,tn 81
Wouid subject 70 o'ii oens winch mou ~
uhJusuy ulscihniiiale asai,,e IT, snu IA
favor of other carriers similarly situated.
"Aae 40 - e1p ~ ei..e -
ance 10 tn'l tie ueoi9iol u SUI NO
tiohs siiai pe o. sPy 90 'o q "a =,
the circ'iiiis WI Au,i.i' tiu no
u uniformity u ueNisron 10 se0uieu %
MS 10 prIns hpo''e an ., sys'eiiia Wv
anu s~iei'lii1 enioi e1i-ie' " 'ae
nierce law id'lei .iint eoiiiiie'ins ue'
cisloiie anu unoei ea'ii,'s u nil'i iesu UT
for uhs puiPoHe ieSoii',ne ., tre en-.
iaoiispin 'nt u - 'o oi.e1
STATES 'oonposeu Vi iiVe Juuee9' ueSAs iis'leu
ior suo,i pui po9e AAoA. a.-ons INC CIR 0ui
JUICES u ,ne Cni. ecu STATES " oo hIio"
az tne p.eu o'S9 80. =, oo,.n'eios'
Wnicn cow. siit',i pe cio'ieu WIN e1ciu'
sise oris INC Jui isulce'oAi o'e1 ene ioiio"'
ing ciasSes VI ''''
Jurisdiction of Court.
n, All cases for the enforcement other
Wise than bv adjudication. and collector
of a forfeiture or penalty. or by infiictior
Of criminal punishment OF an order Of the
in'erstale colission otne'
''ian '.iv pAsinq"t % 1T,
~ An N' . ~ enJon' so
asiue' a.i"' % - - o'u . VI re