The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-01-31

evidence. findings and records of the COM
mission a part of the record in the case
to be sent to the court Of transportation
within ten days after notice for review
has been given. All proceedings before the
court are to be conducted by the At
torney General. The commission however,
may employ special counsel at the ap-
prevail of the Attorney General, and,
moreover, is given full power even dur
i1g proceedings t. modify, suspend or
annul its former order. ruling or require
ment.
Section imposes penalty OF fine OF
$1,000 day for each day parties violating
the rulings Of the commission made under
Sections. l and of the bill.
Section defines the words person" to
include corporations.
Section 8 increases the membership
of the commission to seven and makes
the salary Of each $4,000 year. and
concludes:
THE President shall appoint by and
with the consent of the Senate two adj
dlticnal interstate commerce commission
ers. Not more than four commissioners
shall be appointed from the same politi-
cal party
Establishes Court of Transportation.
Section establishes the court of trans
portation to be composed of five circuit
judges of the United States, no two OF
whom shall be from the same judicial
circuit. They shall be designated by the
President for terms of one, two, three,
four and seven years, respectively, from
| April l, 1906, and as their terms expire
| the President shall from the circuit judges
appoint their successors for terms Of Ave
| years each.
| Section s provides that this court shall
| hold four regular sessions annually in
| Washington, beginning on the first Tues
day in March, June. September and De-
cember Special sessions of the court
may be held at other places when JUS
| tice would be thereby promoted"
| Section 8 authorizes the President to
| appoint five additional circuit court
judges, no two of whom shall be from
the same judicial circuit to exercise the
authority and powers, and perform the
duties now required by law of circuit
court Judge
! Section 10 grants the court of trans
| portation exclusive original jurisdiction"
In all cases brought under the provisions
| Of the bill, and also the interstate COM
meroe act. 1t also provides that pro-
| ceedings to force contumacious witnesses
| to attend and testify, or produce docu-
mentary evidence before the interstate
| commerce commission, may be brought
| In any court Of original jurisdiction.
portation all the powers of circuit court
Of the United States, so far as the same
may be applicable.
Shall Be PrIma Facle Evidence.
Sections IL and 10 provide that in every
suit or proceeding brought in the court
| of transportation to enforce orders, rul-
ings or requirements of the interstate
commerce commission, or to restrain, en-
| JOIN or otherwise prevent their enforce
ment and operation, the findings of fact
mLde and reported by the commission
shall be received as prima facie evidence
OF each and every fact found. and no
whence on behalf of either party shall
| be admissible in any such suit or pro-
coed which was lot offered. but which
| with the exercise of proper diligence
! could have been offered on the hearing
bore the commission that results in the
| particular order or orders in controversy.
| but nothing herein contained shall be
construed to forbid the admission in any
such suit or proceeding of evidence not
existing, or which could not with due
diligence have been known to the parties
at the time of the hearing before the
| commission.
The court of transportation is given
power to summon before it all parties
named as defendants or respondents in
proceedings before it, and it's subpoenas
for witnesses may run into any ju-
dicial district or any territory or pos
session of the United States"
Section IA declares the court of trans
portation always open for the filing of
pleadings, motions and orders.
Section Is provides Tor appeals to the
United States supreme court from the
court of transportation, provided 1t is
| taken within thirty days from the date
| of entry Of the order or decree of the
court of transportation.
| The supreme court shall give prece-
dence to the hearing and decision of such
appeal over all other causes, except
| criminal cases.
Sections 1e. II. IS. 10, 20 and 21 provide
| for the organization of the court; ap-
pointment of court officers and rules of
practice.
The last section of the bill provides
this act shall tage effect on the first
day of April 1905