Interstate commerce

Letter from Charles J. Bonaparte to Theodore Roosevelt

Attorney General Bonaparte writes to President Roosevelt to follow up with him on recent conversations regarding interstate commerce and anti-trust legislation, and to put some of his positions in writing so that Roosevelt may reflect upon them more thoroughly. Bonaparte discusses a proposed change in anti-trust legislation altering the language to read “in unfair or unreasonable restraint of trade,” saying that such a change would produce major complications as it would essentially delegate a judicial duty to an executive officer or board. He also describes how the proposed changes to the law would alter the government’s ability to enforce certain parts of the law, and comments on the idea of the government giving amnesty to corporations who had previously violated anti-trust legislation in minor ways.

Collection

Library of Congress Manuscript Division

Creation Date

1908-03-12

Letter from Charles J. Bonaparte to Theodore Roosevelt

Attorney General Bonaparte informs President Roosevelt that the Supreme Court has decided against the administration in Adair vs. U.S. This establishes that it is unconstitutional to forbid interstate officers or inter-state carriers from firing workers who join labor organizations. Justice John Marshall Harlan wrote the majority opinion, while Justices Oliver Wendell Holmes and J. McKenna wrote separate dissenting opinions. Bonaparte advises Roosevelt to read the opinions before submitting the official text of his special message, because it will likely change what he says.

Collection

Library of Congress Manuscript Division

Creation Date

1908-01-27

Letter from John Allison to Theodore Roosevelt

John Allison alerts President Roosevelt to several corrupt railroad practices recently uncovered by Silas L. Lupton of the Interstate Commerce Commision. Allison urges Roosevelt to speak with Lupton on the matter.

Collection

Library of Congress Manuscript Division

Creation Date

1907-11-06

Letter from Albert J. Beveridge to Theodore Roosevelt

Senator Beveridge writes to follow up on an earlier conversation with President Roosevelt about the constitutionality of the Child Labor Bill. The jurisprudence is unambiguous in demonstrating that Congress may regulate all matters relating to interstate commerce. Beveridge also notes that many initiatives by the states to solve this issue have been ineffective, citing several examples. He has also seen the popular sentiment stirred up by the long campaign against child labor, and believes this bill is an example of good governance.

Collection

Library of Congress Manuscript Division

Creation Date

1907-10-22

Letter from William H. Taft to Theodore Roosevelt

Secretary of War Taft updates President Roosevelt with his thoughts about various topics: who to nominate for postmasterships in New York; Senator Borah’s land fraud case; the proposed constitution for Oklahoma in preparation for admittance to the union; the schedule and itinerary for a series of campaign speeches through the Midwest and West; and the address he is preparing concerning the Brownsville Affair. Taft lays out his thoughts concerning the differences between Roosevelt and the likely Democratic nominee William Jennings Bryan’s political philosophies, in particular how they view the accumulation of wealth by individuals and interstate corporations, especially railroads.

Collection

Library of Congress Manuscript Division

Creation Date

1907-07-16

Memorandum from Judson C. Clements to Theodore Roosevelt

Acting Chairman of the Interstate Commerce Commission Judson C. Clements informs President Roosevelt about facts developed from an inquiry into the practices of railroads engaged in interstate commerce.

Collection

Library of Congress Manuscript Division

Creation Date

1906-08-20

Letter from George Gray to Theodore Roosevelt

George Gray endorses Mr. Clark to be a member of the Interstate Commerce Commission.

Collection

Library of Congress Manuscript Division

Creation Date

1906-06-05

The facts about railroad rates

This book begins with a statement from President Roosevelt’s message to Congress on December 3, 1901, warning against legislation that would “interfere with the development and operation” of the railroads. Other introductory statements are from Samuel Spencer, calling for the prosecution and punishment of persons guilty of breaking the law but not indiscriminate public condemnation of all railroad officials; and from H. T. Newcomb, who gives background on the Esch-Townsend bill which gave the Interstate Commerce Commission the power to set railway rates. Newcomb states that the purpose of the book is to “demonstrate the gains that result to all producers and consumers from the free action of commercial forces in shipping and transportation, and the losses that result from unwise statutory restrictions.”

Collection

Library of Congress Manuscript Division

Creation Date

1905-07-08

Letter from Judson Harmon and Frederick N. Judson to William H. Moody

Judson Harmon and Frederick N. Judson want to formally state their position to Attorney General Moody regarding their recommendations on taking testimony under the Interstate Commerce Commission at Kansas City. They want to take testimony to procure detailed proof of unlawful shipments for a proper basis to proceed under the criminal provisions of the Elkins Act against the Colorado Fuel and Iron Company and its officers. They discuss how this would impact the case’s procedure and possible outcome.

Collection

Library of Congress Manuscript Division

Creation Date

1905-04-11

Letter from Edward G. Uihlein to Duncan B. Harrison

Edward G. Uihlein tells Duncan B. Harrison that he enthusiastically supports President Roosevelt’s reelection and that he has been advocating for Roosevelt at a number of associations. Uihlein also asks Harrison to alert the president to the concerns raised by the second attempt to pass the Hepburn bill in the House.

Collection

Library of Congress Manuscript Division

Creation Date

1904-06-20

Muzzle for Wickersham?

Hugh Gordon Miller, former special assistant to Attorney General George W. Wickersham, strayed from his speech at the New York Credit Men’s Association’s dinner to “take a few flings” at an unnamed public official, generally assumed to be Wickersham. An excerpt from Miller’s speech is included.

Collection

Library of Congress Manuscript Division

Creation Date

1911-10-27

Two years of President Taft

Gustav J. Karger reviews and praises President William H. Taft’s various achievements during the two years of his administration. By placing “the cause of the people above all other considers,” Karger finds Taft has reached the “heights of constructive statesmanship.”

Collection

Library of Congress Manuscript Division

Creation Date

1911-03-30

Proposed amendment regarding interstate commerce

This amendment first re-establishes the fact that the federal government has the ability to regulate interstate trade, and that such regulation may be delegated to commissions. “Due process of law,” in reference to these commissions, does not necessarily mean that the actions of the commissions must be reviewed by courts, except where such actions may conflict with the constitutional right to property. If every action of a commission to regulate railroad rates needed to be evaluated by the courts, it would, for all practical purposes, destroy the ability of the commission to operate.

Collection

Library of Congress Manuscript Division

Creation Date

1906-02-28

Opinion of Oliver Wendell Holmes, Jr.

Supreme Court Justice Holmes presents the opinion of the court regarding several appeals from the Circuit Court of the United States for the Southern District of New York involving the Interstate Commerce Commission, Edward Henry Harriman and Otto H. Kahn. Holmes rules that the power of the Interstate Commerce Commission to compel testimony is limited, and only applies when conducting investigations into specific breaches of the law.

Collection

Library of Congress Manuscript Division

Creation Date

1908-12-14

Dissent of Supreme Court Justice William R. Day

Justice William R. Day of the Supreme Court writes a dissenting opinion related to a number of appeals involving the Interstate Commerce Commission. He believes that the powers given to the Interstate Commerce Commission have been interpreted too narrowly by the court, and that the judgements of the Circuit Court should be affirmed. Justices John Marshall Harlan and Joseph McKenna concur in the dissent.

Collection

Library of Congress Manuscript Division

Creation Date

1908-12-14

Speech by Daniel Davenport to the Chautauqua

Daniel Davenport speaks to the Chautauqua society in Clarinda, Iowa, about the inadvisability of allowing the Interstate Commerce Commission to set railroad rates instead of the railroad owners. Davenport argues that this would lead to an increase in freight rates through a mileage tax, which would negatively impact the ability of western farmers to sell their goods throughout the country.

Collection

Library of Congress Manuscript Division

Creation Date

1905-08-16

Letter from William H. Taft to Theodore Roosevelt

William H. Taft more fully explains to President Roosevelt the issue of the Southern railways.

Collection

Library of Congress Manuscript Division

Creation Date

1908-08-26

Roosevelt as usurper

Frederic Jesup Stimson gave a lecture at the Lowell Institute about the enumerated powers of the Executive and Legislative branches in the Constitution. Stimson argues that these powers were given to the President and Congress not to interfere with interstate commerce, but to prevent the various states from doing so. By altering the interpretation of the word “commerce” in the Constitution to include all manufacturers doing business in more than one state, President Roosevelt would radically alter the Constitution. This would insert the federal government into transactions the Constitution did not intend.

Collection

Library of Congress Manuscript Division

Creation Date

1907-11-03

Letter from William H. Moody to Theodore Roosevelt

Justice William H. Moody presents President Roosevelt with some general rules of constitutional interpretation in light of his understanding of Charles Fremont Amidon’s speech. Moody mentions how interstate commerce has changed in recent years and that the courts must determine what is national and what is local commerce and the role that the nation has in it. Moody encourages Roosevelt to strike all reference to Amidon’s speech. This record is a typed copy of Moody’s letter to Roosevelt.

Collection

Library of Congress Manuscript Division

Creation Date

1907-09-09

Letter from Theodore Roosevelt to Lyman Abbott

President Roosevelt was satisfied with the conference and sent Lyman Abbott corrections for the final draft. He discusses the conflict with congress on the tariff and interstate commerce.

Collection

Library of Congress Manuscript Division

Creation Date

1905-01-11