Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-01-08
THE PRESIDENTS MESSAGE.

THE PRESIDENTS MESSAGE.
The president has sent to congress
a message on the two most import
ant subjects, outside of the tariff
that now confronts the people-the
matter of trusts and combinations
of capital in the restraint of trade
and competition and the regulation
of common carriers and transporta-
ton rates.
The president recommends the es-
tablishment of a court of the Unit
ed States to be composed OF hive
Judges, from among the circuit
Judges of the United States to be
known as the Omitted States Court
of Commerce." which court shall
have exclusive original jurisdiction
over a certain class of cases, in
Guiding all cases for the enforce
ment, otherwise than by adjudica'
ton and collection of a forfeiture or
penalty, or by infiicting of criminal
punishment of an order of the Inter-
state Commerce Commission other
than for the payment of money, and
all cases brought to enjOin, set
aside, annul or suspend any order
or requirement of the commission.
To provide judges enough to con-
stitute such court the president
points out that it would be advisa-
BILE to appoint five additional cir
cult court judges, who, might be dis
tributed to those circuits of the
United States, where the volume of
business is the heaviest at the
present time.
The weakness of the present sys-
TEN is pointed out. The blending
Of administrative, legislative and
judicial functions tends to impair
the efficiency of the interstate COM
mission by clothing it with partisan
characteristics and robbing it of the
impartial judicial attitude it should
occupy in passing upon questions
submitted to it..
The president would so amend
the existing law under which the
commission can only act with respect
to all alleged excessive rate by a
common carrier made by some indi-
vidual, so that the commission may
act on their own initiative as we'll
as upon the complaint of an individ-
ual. In order to save delay in de-
termining what is just and reas-
enable rate it is recommended that
proposed increase in rate may be
investigated before it becomes ef-
fective. The present law authorizes
no proceeding until the new rate
becomes operative.
The president also would give the
shipper right to direct the route
over which his shipment shall pass
to destination subject however to
such reasonable regulations as the
interstate commerce commission may
prescribe.
In compliance with the pledge of
the republican party made in it's
platform of 1908. against over-issue
of stocks and bonds, the president
recommends the most stringent law
against the issue of any capital
stock without previous or simultan-
eous payment of not less than par
value, or if issued at less than for
value. then not without such pay
ment Of the reasonable market
value of such bonds as ascertained
by the interstate commerce commits.
sion.
; The president also speaks of the
employers liability Get and would
amend it so that the right to bring
suit under 1t shall be as easy of en-
forcement as the right of q private
person not in the employ of the
common carrier to sue on an ordi-
nary claim.
Antitrust laws and federal incor.
poration are given consideration at
length from the standpoint of the
Acknowledged fact that so-called
trusts" and ''aggregations of CAPT
tal'' have come to stav and are tho
inevitable result of industrial pro-