The Birmingham age-herald., 1912-08-24
TAFT |NS|STSON
 COMMERCE COURT Attitude Is Losing for Him
 Many Friends DOOMED NEXT TIME Congress Seems Determined to Sus- tain Authority of Interstate Com
 merce Commission Which
 Has Done Good Work
DOOMED NEXT TIME

Washington, August Z3.-tSpeclal)-by his insstence on the retention of the court of commerce, President Taft has with his veto and by the aid of enough republicans in the Senate to prevent those opposed to him from getting the two- thirds necessary to pass the bill saved the court for the time being. The Presi- dent has shown unusual determination in trying to force this court on Congress and he has succeeded, apparently. in do- ing go.
 The court slipped through this session by the closest shave, but without doubt it s doomed. Congress is determined to abolish 1t, aGd the fight will be taken up al the next session and fought to a fin- ish. The court has at any rate been taught a lesson, 1t Is declared by repre- sentatives. and it will likely be more tions nullfying the work of the inter- state commerce commission.
 The fight mas brought out many things. among which is that Congress sees the necessity of further legislation strength ening the interstate commerce commis- sion anG making the orders Of that body less open to attacks by the railroads either in the commerce court, or should that court have to go, in the district courts.
 The disposition of Congress is to get more and more impatient with efforts to hinder and hamper the work of the in- terstate commerce commission. That commission seems to have the confidence of Congress and any attempts to emag- culatc it's authority gets short shift in the House or the Senate. The supreme court of the United States also Is strong y disposed 10 uphold the authority of the commission and recognizes the fact that there must be real government regu- lation of the railroads. and that it must not be hampered by the courts at every turn
 Between Congress and the supreme court it is rot likely that the interstate commerce commission is going to be al- lowed to suffer. even with the commerce court protected by the veto of the Prssl- de,,t
 The disposition of Congress on such matters has been shown recently in tho killins of pIorcsed legislation which was badly wanted by the railroads. but which came bcfc.e the House and Senate in dis guise as a demand by shippers to be al-
 
 from negative orders of the commission that is, from refusals of the commission tc iake orders.
 This was cleverly advanced as needful for the protection of shippers. When Congress found that the railroads want cd such appeals scores of times whero ! shippers wahtel them once and that If shippers had the right to appeal. ths railroads were also entitled to the same rit ta prnnpsitiop Another indication of the temper of Congress was seen in the recent passage Ky the Senate of the Kenyon bill, giving the commission the power to make uni form olassifications of freight. This is a | most important extension of authority. | Such matters as these are straws that
 indicate that Congress does not propose I to zee the usefulness of the interstat, commerce commission destroyed. | Moreover, there Is little doubt that | Congress will in way curtail the oppor- tunities Of the railroads to go before the | commerce court or any inferior court and | set ipjunctions and restraining orders. The disposition of the railroads has been. l and Congress does not like it.. the min l Ute he commission issues an order the | roads go before the commerce court and
 gct an injunction of preliminary sort i By the time this is fought over most of l the time curing which the order of the l commission might be effective. has passed | That is, an order of the commission lasts for two years
 r Ey going into the commerce court and getting a restraining order, the effectfv' date of an order of the commission is de terred. The two years in which the or lcr of the commission can stand fits bs
 rapidly while the litigation is in progress
 and the railroads get the benefit of tht
 arrangement that prevailed before ths commission entered it's decision Thu; the whole usefulness of the interstate
 commerce commission is practically de II Stroyed. H Many representatives believe that sucf conditions are intolerable, and while the, will not be able to take any. action thi. session they declare something will b' done early Tn the next,
 President Taft's insistence on the com merce court has hurt him politically a. much as any other one thing he has done
 il Is believed at the capital. From thu
 minute the ccutt was created 1t has show
 an attitude of unfriendliness to the in
 terstate commerce commission This ha' stirred up much feeling against it al over the country. and the Presidents at
 titude in defon6ing 1t has lost him many
 votes among the shippers who believe
 that he is deliberately assisting in block
 ing relief that they seek.
 In upho,ding the court. the President
 has brought on himself criticism frorv the opponents of the court and exposed himself to the charge of being willing ts see the authority of the interstate com rerce coinrission weakened. Democrat and nsurgent republicans are not sIov 10 take advantage of his position in th
 pstter and he will be freely assaile' for l..