The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-02-06

BILL HAS FLAWS
Continued from First Page.
pose, and those which have a more or
less legitimate value as branch lines.
Elasticity Of the Plan.

An analysis of the Esch- Townsend
bill shows many elements of elasticity
not before brought out SO clearly in
proposed railroad legislation. The bet
ter this measure is understood, its
friends assert, the less will be the
feeling Of either shipper or carrier that
their rights would be endangered by its
enactment. 49,: ,-.-., =. .~g~s@
It gives to the interstate commerce
commission authority, after they have
what Would be a lust and lawful rate
to be substituted in the future, but this
right is clearly guarded by the trans
portation court which might issue a re-
straining order against the operation of
this change. The new rates need not 20
into effect at once if any good reason
could be shown to a judicial tribunal
for delay. This court would give
prompt attention to the, question,
whether the commission was sprobably
force, or whether the change was of
such magnitude and uncertainty that, as
matter Of justice to the carrier, it
ought to be suspended until further re-
view. This gives fexibility and adapta.
bility of procedure. It is assumed that
the court would rarely issue these re:
straining orders, just as properly In
stituted interstate commerce commits
sion: would rarely be Overridden,s be-
cause conservatism would become Its
chief characteristic. 49,.
Increase Of Commission.
The new bill gives the commission as
such a greatly improved standing, by
increasing it's numbers and salaries
there would be seven members instead
of five and salary of $4,000, instead
of $500. Not only would the changes
in tenure and salary attract good men
but the recognition that the commission
was to do some actual work would con
tribute toward this end. 49,"
To guard against any abuse. OF an
thority this court OF review Is pro
vided by a plan which is declared the
best vet suggested. The president Il
authorized to appoint five additional
circuit court judges having all the au
thority and emoluments pertaining tf
that office. Out of the whole body Of
circuit court Judges, which would theI
number thirty-two, he would select hvf
to constitute a court Of TRANSPORTATION
to review the orders and determ1natlon'
of the commission, 1t IS probable ina
the president, in selecting the five new
Judges, would choose those whom he in
Tended to designate for this court, will
| a view to their qualifications for pass
Inc upon these questions as experts. O!
conrse. any Of the present circuit cour
Judges. like George Gray Of Delaware
might be transferred to this service, !:
the president saw in any Of them pc
culiar availability.
This plan meets the objection to. al
entirely independent and separate
tribunal, because its members, II the
found insufficient work to occupy thel
time in this service, would be avalla6l'
for duty in their respective circuits nes en
The proposed bill would only anticipat,
an increase in the judicial establish
ment. which naturally must come to pas
shortly in any event. The men thus ap
pointed would be for life, but thei
/ DESIGNATION for this court would be bu
for Ave years, the term of one expiring
l each wear 5se l..-