Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1909-09-21

railway rate bills several years ago. in
which the interstate commerce commits
sion was given authority to fix specific
rates. and continued:
RATE BILL NOT EFFECTIVE.
THE rate bill has now been in opera
ton some three years ana II must be ad-
mitted that it has not furnished the re-
lief against unduly discriminatory rates
with the expedition and the effectiveness
which were expected. The Republican
platform promised additional Legislation
In aid OF enforcing the interstate COM
merce law, and / have been engaged in
the consideration of what / ought to rec
ommend to congress In order to comply
with that promise.
Those who opposed the provision by
which appeal from the order Of the COM
mission might be taken to the court did
30 because they thought such right to
appeal would offer much opportunity TO
delay the proceedings. An examination
of the decisions of the commission and
the resort to the courts by way of tenn
porary injunctions fully Justify the con-
clusion that one of the defects OF the
present interstate commerce law is the
delay entailed by litigation In the court
over the correctness Of the order in the
commission.
The court appeal cannot be abolished
because Il is a constitutional right. Some
thing must be done to reduce its effect by
way of delay so that the decision Of the
court shall be prompt final and effective.
CREATE SPECIAL COURT.
cit is proposed now by a number of
gentlemen OF my cabinet who have con-
ferred with some members of the inter
state commission to facilitate these ap-
Il ha
ton of a separate interstate commerce
court of five members which snail SIT in
Washington and which shall be the only
court to which petitions to set aside or
nullify the orders OF the interstate COM
merce commission can be made. and IL is
proposed to allow a single judge to make
an order TO stay the proceedings of the in
terstate commerce commission only 90
days and thereafter no injunction shall
be allowed against the order of commits
sion unless granted by the whole court
Of i've members.
81 know that objection will be made to
the creation Of this court. In one of the
bills originally introduced. such separ-
ate court was provided for. but me pro-
vision was defeated A tariff court has
been provided in the new tarif bill to
consist of five members. whose judgment
shall be final on all questions arising un-
der the administration of the tariff. am
strongly inclined to think that a similar
court, except that an appeal ought to lie
from IL to the supreme court. will serve
the purpose of expedition and the dispatch
Of business in.respect to the orders of the
commission.
81 know that there Is well-grounded OBJ
lection to increasing federal courts and to
the provision for the appointment Of fed
eral judges, whose terms and salaries last
for life and who become a permanent ex-
pense of the government. But there is
this to be said, that IL the establishment
OF such a court proves to be a mistake.
the demand for Judges throughout the
country and their increase will furnish an
opportunity TO use the judges thus APP
pointed for other and general judicial
work.
The uniformity OF decisions and the
promptness Of decision, which may be ex-
pected from a court whose experience
will soon make them experts in the dis
position of such cases, would promise to
the shipper and railroad litigants quick
decision as to their rights.
POWER OF CLASSIFICATION.
"A second change in the interstate COM
merce law ought to give TO the commits
sion the power 10 hear and entertain COM
plants against unjust classification OF
merchandise for transportation. 1t is
perfectly clear that by including articles
In the same class which ought to pay diff
ferent rates, railroad can commit ex-
actly the same kind of injustice as IT
would be imposing an exorbitant rate on
any one class. Hence. / haven't the
slightest hesitation in recommending TO
congress that the power Of the commits
sion should be extended to include not
only the fixing Of rates after complaint.
but also the readJustment of classification
IL II proves on complaint to be unjust.
II am aware that congress at the time
of the passage OF the rate bin thought II
wise to limit the power Of the commission
TO the consideration OF rates actually COM
planned OF by persons interested. 1t
would now seem from the experience OF
the commission that IL is extension OF it's
power so as TO institute complaints OF its
own that is necessary TO make its work
truly effective.
FAvORs CAUTIOUS ACTION.
Il do not think that. until we try this
new amendment and see how 1t works.
we ought TO put down the bars entirely
and give to the interstate commerce COM
mission the absolute power to fix rates