The Montgomery advertiser., 1905-01-22

visions of this measure, and in every suit. or proceeding in the court of com merce to enforce obedience or to re- strain, eenJoin or rsotherwise prevent the enforcement or cooperation of any or der. ruling or requirement made and promulgated by the Interstate Com merce Commission, an appeal from the final decree of the court of commerce shall be only to the court and must be taken within thirty days, the rules and regulations governing appeals from the Circuit Court to apply in appeals from the court of commerce to the Supreme Court, but in none of the suits or pro- ceedings described shall an appeal op- crate as a supersedeas, or shall any order be passed suspending or staying the decree of the court of commerce pending an appeal, except upon the giving of a bond of good and sufficient security, conditioned that the appellant shall prosecute his appeal to affect, and if he fail to make his plea good, shall answer in addition to all costs, all dam ages which shall include compensation for whatever sums for Transportation services any person or corporation shall be compelled by the appellant to pay, during the pendency of the ap- peal in excess of the sums such per- sons or corporation could have been compelled to pay if the order, judgment or decree of the court of commerce had not been suspended or stayed.
 Provisions 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 tolls shall have been collec- ted.
 Section 8, abolishes the existing in- terstate commerce commission and es- tablishes 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 presi- dent at a salary of $10,000 year. The commissioners first appointed are to serve for terms of four, five. six. seven, eight, nine and ten years respectively from the first day of April 1905. their successors to be appointed by terms of ten years. All laws conferring powers upon or imposing duties upon the pres- ent commission are continued except as otherwise by this bill All pending proceedings are to be continued to con- clusion before the new commission.
 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 In the same circuit and three of whom shall constitute a quorum. Three judges are to be designated on the first of January each year by the chief jus- tice of the supreme court of the Uni ted States. The president Is authoriz- ed to appoint an additional circuit judge for each of the judicial districts in the United States.
 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 a quorum of the court may appoint special sessions to be held at other places in the Uni ted States, when justice would thereby be promoted. Exclusive original juris- diction is conferred on the court of commerce in all suits and proceedings of a civil nature in law or equity brought in the name of the United States or the interstate commerce com mission to enforce the provisions of interstate commerce acts. It is also given all the powers of a United States circuit court. Power Is given the court of commerce to summon and bring before 1t all parties named as defendants or respondents in pro- ceedings before it, in whatever judicial Jurisdiction or possession of tho Uni ted States they may reside and sub poenas for witnesses may run into any judicial district.
 The bill provides that the court of commerce shall be deemed always open for the purpose of filling processes from the interstate commerce commiss- ion, The bill provides in detail for the machinery and minor officers for carrying out all of its provisions. The proposed law Is to take effect April 1, 1905.