The Saint Paul globe., 1905-01-22

1 tent. In all proceedings for review the
/ defense. is to be conducted under the
direction of the attorney general, but
with his consent the commission may
employ special counsel, and authority
! is given the president to appoint an
assistant attorney general at a salary
OF $4,000 a year to perform such duties
in connection with the enforcement of
| the proposed law as the attorney gen
eral may assign to him.
Section provides that the COM
mission may@at any time, whether be-
! judicial review of its notion reopen its
| proceedings in any case and modify,
| suspend or annul it's former order,
| ruling or requirements.
| Penalty $4,000 Day
/ The following section provides that
4 II any common carrier or officer or
agent thereof bound thereby shall at
any time while it is in effect, refuse or
neglect to obey or perform any order
! or the commission mentioned in Sec
I tions l and 2 the commission may
apply by petition to the court of COM
merce to enforce obedience to its orders
| by writ of Injunction or other appro-
pirate process, the offending party to
be subject to penalty of $4,000 for
each day of refusal or neglect, which,
together with costs of suit, shall be
| recoverable in an action for debt in
the proper circuit court of the United
States. The. bill reads:
In all suits brought in the name of the
] United States or the interstate commerce
commission to enforce the law to regulate
/ commerce under this measure and in
every suit or proceeding in the court of
commerce to enforce obedience or to re-
strain, enjoin or otherwise prevent the
enforcement or cooperation of any or
der, ruling Or requirement made and pro-
q hy f1n afxaV.c-f -fe,k,
commission, an appeal from the final de-
! cree of the court of commerce shall lie
only to the supreme court and must be
| taken within thirty days, the rules and
regulations governing appeals from the
circuit courts to apply in appeals from the
court of commerce to the supreme court,
Gun 9ul IN none OF the suits or proceedings
described shall an appeal operate as a
supersedeas or shall any order be passed
suspending OF staying the decree of the
| court OF commerce pending an appeal, ex-
cept upon the giving of bond of good and
| suficIent security, conditioned that the
appellant shall prosecute his appeal to
| erect; and If he fail to make his plea
| good shall answer in addition to all costs.
| all damages, which shall include compen,
| Sat1on for whatever costs of transporta
| ton such person or corporation shall be
compelled by appellant to pay during the
pendency of the appeal, in excess of sums
such person or corporation could have
been compelled to pay if the order, judg-
ment or decree of the court of commerce.
had not been suspended or stayed.
Provision is made for the recovery of
such compensation in any action for
debt upon such bond in any court of
proper jurisdiction for the use of the
person or corporation from which the
excessive toll shall have been collected.
section abolshes the existing inter-
state commerce commission and estab-
fishes a new commission also to be
known as the interstate commerce COM
mission, to be composed of seven MEM
berS, to be appointed by the president
at a salary of $4,000 year. The com
missionerS first appointed are to serve
for terms of four, five, six, seven. eight.
nine and ten years, respectively, from
April l. 1905, their successors to be ap-
pointed for terms of ten years. All
laws comforting powers or imposing
duties upon the present commission are
continued, except as otherwise provided
by this bill. All pending PROCEEDINGS
are to be continued to conclusion before
the new commission.
"court of Commerce"
A court of record, with full jurisdic-
tion in law and equity, to be called the
court of commerce is created, which is
to consist Of five circuit judges of the
United States, no two of whom shall
be from the same circuit and three Of
whom shall constitute quorum These
judges are to be designated on Jan. /
of each year by the chief justice of the
supreme court Of the United States.
The president is authorized to appoint
an additional circuit judge for each of
the judicial districts In the United
States.
X Provision is made for four regular
terms Of the court of commerce in
Washington each year, beginning the
first Tuesday in March, June, Septem-
Der and December, and quorum Of the
court may appoint special sessions to
be held at other places when Justice
would thereby be promoted Exclusive
original Jurisdiction is conferred on the
court of commerce In all suits and pro-
ceedings OF q civil nature in law or
equity brought In the name Of tie.l
United States or Of the interstate conn
n7exceseomrrission TO enforce the inter
state4cofanaexcesaet. It zalssk3s frfyen ali
che powers Of a United States circuit
court. Power Is given the court OF