Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-12-10
BITTER FIGHT AHEAD
Party Division Over Proposed
Court of Commerce.
INDEPENDENTS FAVOR 1T
conservative" Republicans Placed
in the Opposition.
BILL LOOKED ON AS DRASTIC
Drafted by Commission at Presi-
dents Request-Will Settle Dis
putes Over Railway Rates.
INDEPENDENTS FAVOR IT
BILL LOOKED ON AS DRASTIC

What will probably be the bitterest
IS expected to come when President Taft
| sends In his bill to SO amend the inter-
state commerce act as to create a special
United States court of interstate COM
MERGE to relieve the interstate commerce
commission Of some of it's judicial bur-
| dens and to be final tribunal on all
| railroad questions arising under the law.
| except, of course, the United States Su-
preme Court.
! This is one of the Presidents favorite
projects and is involved in his general
plan to create more effective machinery
| for the enforcement of corporation laws.
| The bill was drawn up after a long
series OF consultations In which Attorney
| Wickersham, Secretary Nagel of the De-
partment of Commerce and Labor. Com
missioners Prouty and Knapp of the in
terstate commerce commission, Senators
Elkins and Cummings, Representative
Townsend and other representatives par
| ticipated.
President Taft is now going over the
| recommendations of his subordnates as
prepared by the Attorney General for his
consideration. and probably will have the
bill introduced in the Senate and the
House simultaneously Immediately after
the Christmas recess
Supported by Independents.
Speaker Cannon and Senator Aldrich
are both opposed to the bill and are
marshaling their forces to fight it. What
the conservative republicans call the in
surgents and what Senator La Toilette
calls the Independent republicans in the
Senate and House will line up for the
bill, as It is considered far more drastic
than anything in the shape of interstate
commerce legislation that has ever gone
to Congress with administration backing
1t not only provides more specific penal
| ties than the rate bill put through by
the Roosevelt administration, but is
strengthened by the court feature, which,
II put into operation, will furnish tri-
bunal with far greater punitive powers
| than those now possessed >by the inter-
state commerce commission.
The fact that the President Is back of
1t will doubtless cause many of the con-
sentative senators to fall into line, while
the insurgents will welcome an oppor
tunity to stand side by side with the
President against the Aldrich-Cannon
| wing
Conservatives in Control.
That the insurgents have little hope of
accomplishing anything in Congress this
session on their own initiative was frank
ly admitted by Senator La Toilette yes
terday. He said that the reactionaries,
| having control of all the committees,
would do pretty much as they pleased.
and that all the Independents could hope
to accomplish would be to keep a close
watch on everything and oppose, to the
best of their ability. what they considered
bad legislation.
It Is expected that the President will
need the help Of the insurgents In the
passage Of his new tnterstates commerce
bill His friends in Congress say that
the President will submit to no cOmprO-
mise and will fight Congress to a finish
on this measure.
The Bills Provisions.
The general provisions Of the bill, as
contained in the draft made by Attorney
General Wickersham, Secretary Nage1
and Commissioners Knapp and Prouty.
who were delegated to the task by the
President last spring, are as follows:
First. That a special United States
court be created and to be known as the
United States court of commerce, having
Jurisdiction over all cases of the follow
ing nature:
/. All cases for the enforcement (other
than by adjudication and collection of a
forfeiture Of a penalty or by infiiction of
criminal punishmenD OF any order of the
interstate commerce commission other
than for the payment of money.
9 Cases brought to enjoin, set aside
annul or suspend any order or require
ment of the commission.
g. Such cases as are now authorized un-
der section Of the interstate commerce
act, to be maintained in circuit court.
4. All such mandamus proceedings as
under section % are authorized to be
maintained In a circuit court.
Appeal on Constitutionality.
Second. That there shall be no appeal
from any order. judgment or decree Of the
court Of commerce, except that a final
judgment may be reviewed by the Su-
preme Court so far as its correctness may
depend upon the construction or applica-
ton of the Constitution. Appeal to the
Supreme Court, however, shall in no case
supersede or stay the judgment, and ap-
pellant must furnish bond.
Third That telegraph and telephone
companies shall be designated as common
MES, palace car companies and pipe lines. |
Fourth. That the interstate commerce
commission shall be empowered specific |
ally to review rate classifications. both as
to items and grouping. Whenever a new !
rate or classification Is filed by a COM
mon carrier the commission may order
the postponement Of the date when 1t is |
to take effect provided It grants an i'm |
whether 1t Is unreasonable or unjust.
Fifth. The commission may suspend. |
modify. or annul any changes In rules or
regulations of railroads which impose un-
due burdens on shippers; also either on
the application of one carrier or OF its
own initiative the commission may COM |
pei connecting carriers to unite in form
ing through route and fix the rate and
apportionment thereof among the car
riers.
Combination on Rates.
Sixth That the Sherman antitrust law
to the contrary notwithstanding, II shall i
be lawful for carriers to unite In fixing |
rates. provided the rates are filed and |