Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1905-02-23
Judge Smiths Speech.

Des Moines Register and Leader: In
his speech on the rate regulation bill
in the house Tuesday, Congressman
Smith of Council Bluffs made very
strong plea for separate court Of
transportation, to which appeals from
the decision of the interstate commerce
commissions should be taken. Inasmuch
as there has been considerable dis
cussion of the need of such a court,
and as the suggestion has not been re-
ceived in friendly spirit in influential
quaters in Judge Smiths state and dis
trict, his argument is worthy of more
than usual attention.
Judge Smith began his remarks by
referring directly to the resolutions
adopted by the Iowa manufacturers at
Cedar Rapids. Speaking of the man
ufacturers and the protest against a
new court, he said, 81 believe they are
mistaken, and l want to tell you why"
He then pointed out what he consider
ed the weak point of the democratic
substitute for the republican bill, and
of all bills providing for appeal in
the present courts, saying:
''The railroad company will have
the right to select the federal court in
which it will institute its proceedings.
Under existing law the circuit court
of the United States sits wherever the
the district court is in session, and
and every district Judge exercises cir
cult court powers; so that more than
100 circuit courts of the United States
in effect exist in which proceedings
can be brought under the 'Davey bill,
so called. Every interstate rate is an
interjudicial district rate, and if the
Davey bill should pass, then the rail
road company would have the right
to 60 along the line of the route cover
ed by the rate, seeking Judge who
would grant an injunction and finally
restrain this rate
But the real reason why the court
provided for in the Townsend bill
shouldIbe created he reserved to the
last:
'There is another reason why /
believe this ought to be the law. This
case is to be tried in the court of trans
portation upon the record before the
interstate commerce and to be present
ed in behalf of the shipper by the at
torney general of the United States
and those acting under him. If the
government thus assumes the whole
expense of caring for the defense IL is
unnecessary for the shipper to attend
court, and the government of the Unit
ed States ought not to be required to
attend court at the several hundred
places whera the circuit court happens
to be in session."
1t is to be noted that throughout
this statement of the case Judge Smith
nowhere assumes that the new court
contemplated in the Townsend bill is
to have any jurisdiction that the courts
already in existence do not have. This
may be accepted as very valuable
legal construction put upon the most
important section of the Townsend bill
If Judge Smith is correct and the new
court is to be court merely, nine
tenths of the opposition to its creation
will at once disappear. For while
many will still consider a new court
unnecessary, that is incidental. The
real opposition to the creation OF a
new court has been due to the belief
that the purpose has been to make of
the court a second commerce commits
sion with powers to supercede the first
and practically to nulify all orders. -