Durango semi-weekly herald., 1905-11-23
formity of the law.

ioi hiih1 VI Nht luW
Such machinery--a department l.
Investigate and prosecute, and a cour
to decide-would give the shippe
what he has not nova quick appre
hension by a competent department o
any given wrong and a quick adjudi
cation and ratification of 1t by an i'm
partial and competent tribunal. Sucl
machinery. too, would give the coun
try what 1t has not now-adequacy, in
telligence and uniformity in rate reg
ulation. My suggestion is only this
Set in motion machinery that will be
fair to the public and the railroads
and thus do something toward giving
the country equal conditions and fair
rates.
J Let me suggest to my railroad
friends that a solution SO simple and
so effective ought to be made the
! policy, not simply OF the thinking peo.
pie. who are not interested In railroad
rates except as lOokers-on, but of the
railroad men themselves The great
est aid, the most efficient help, to the
socialistic movement that seems to be
spreading over the country, are the
men who, having possessed themselves
of power and wealth through corpora
tions. refuse to submit to Just regllfI.
tion and control. Let me ask you. my
railroad friends, not to balk, not to
obstruct, not TO be content to find
fault; but to join those who intend to
be fair in formulating in this matter
a specific proposal that will meet the
just demands and expectations of the
country Now is your hour; will you
not rise to its responsibilities?
The salient features condensed are
as follows:
!. The creation of bureau in the
department of commerce: or depart,
ment: or commission, not to exceed
three members, having all the powers
of the present Interstate Commerce
commission, together with power 10
employ counsel and experts, and to
prosecute, in the name and on behalf
of the United States, paren patria.
ciVllly and criminally. all infractions
of the interstate commerce act, in
cluding the provision that all rates |
shall be reasonable and just.
2. the creation of a court of trans. |
portation of seven judges. three of |
whom shall be appointed to the court |
for life, the other four being designat-
ed from the circuit court for terms OF |
three years. This court TO sit en- banc
In the city of Washington and such
other places as 1t may designate, and |
At nisi prius in the respective judicial
districts OF the United States when
ever any case in that district may
arise.
3. The clerks of the circuit court
for the several districts and the mar.
shals thereof shall be clerks and mar
5hals ex officio of this court, and jur
les shall be drawn for this court as
FOR the circuit court and district
court; and iuries snail be Interchange
able between the circuit and district
courts and this court.
4. One or more of the judges of
his court shall constitute a quorum
when sitting at nisi prius. and four
shall constitute quorum when sit
ing en- banc.
3. The court shall have Jurisdiction
IF all cases, civil and criminal aris-
ng under the interstate commerce
ict.
6. The court shall nave the full
powers of court of chancery to in
DIN finally, temporarily or provision
ally. any infraction of that act, includ-
ng the provision of the act that all
'ates shall be reasonable and just
T. Appeals shall lie from any order
iecree or judgment of the court sit
ing at nisi prius to the court en- banc.
But such appeal shall not suspend the
order. decree or judgment appealed
rom, except upon the special order
% that effect of the court sitting en-
Danc, or of four judges thereof, and
hen only upon the conditions named
in order of suspension.
g. The supreme court may review
the judgments, orders and DEGREES OF
the court of transportation on certi
orari; but the right of appeal to the
supreme court snail be limited. as IN
the case OF appeal from the existing
circuit courts OF appeal.
.. The court of transportation may, |
Of its own motion, certify cases to the
supreme court, or stated questions in |
cases on which the opinion OF the su.
preme court is desired.
10. Whether sitting en- banc or at |
nisi prius the court shall proceed in |
every case brought before it with the |
greatest practicable dispatch, imme
dlateness of remedy being declared
to be one OF the highest OF remedial
rights OF the parties to the suit.