The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-11-20
ATTORNEY GENERAL WICKER
SHAM OUTLINES CHANGES
NECESSARY.
A COURT OF COMMERCE
meree Commission, at Kansas City,
voeates National Incorporation Law
Rabbi Wise Also Speaks.


of the interstate commerce act to
obtain reasonableness OF rates To all
and fairness of practices in the op-
Grafton of interstate railways was
suggested by Attorney General George
w wickersham in an address to-
night at the annual banquet of tho
Commercial club. given in commence
ration Of the signing of the John JAY
Commercial treaty. Mr. Wickersham
responded to the toast THE Inter-
state Commerce Commission
MIR. wickersham advocated a ma
tionai incorporation law and said
that. should such law demonstrate
its value. it might be wise ultimate
~ to prohibit state corporations from
engaging In interstate commerce.
To Create a Commerce Court.
For the purpose" said Mr.. Wick
ersham. "of preventing the conflict
of decisions and delays and uncer-
tainties in the enforcement Of the in
terstate law which now exists. 1t Is
proposed to create special tribunal
to be known as the commerce court.
all the Jurisdiction now possessed by
the circuit and district courts and the
circuit courts of appeals of the
United States with respect to the en-
forcement or review OF orders and
DEGREES of the interstate commerce
commission.
To remove the commission from
the position of prosecutor or litigant,
it is proposed that all proceedings to
enforce or defend orders of the inter-
state commerce commission be con-
Quoted by the department OF justice.
Further suggestions of the president
are that the interstate commerce act
be amended as follows:
BY providing that whenever new
rate OF classification is filed the COM
mission may. by order. postpone the
date when it is To take effect. pro-
yided that within 80 days after the
date of such order ta) a complaint
be flied against such rate or classi-
fieation or tfo the commission itself
shall institute an inquiry into the
reasonableness of the rate or eIassi-
ficatian.
Further Provisions.
by providing that the commission
may suspend, modify or annul any
changes in regulations that impose
undue burdens on shippers.
by providing that the commission
may proceed either on its own motion
or upon complaint filed with it.
by specifically empowering the
commission Of one carrier or of an in
dividual or. at the instance of the
commission itself. to compel connect
ing carriers IL unite In forming a
through route and to fix the rate and
the apportionment thereof among the
carriers.
by providing that II shall be- law
full for carriers To unite in fixing q
rate, providing the same be filed and
published. the question of the reasan-
ableness OF such rate to be subject to
the other provisions of the act in like
manner as any other filed and pub
iished rate: the agreement. however.
not to amount to u contract To main-
tain the rate for any given time. but
each party tn have the right tp with
draw from or alter such rate.
by specifically empowering the
commission tn prescribe regulations
under which shippers shall have the
privilege of designating the route
over which their shipments shall be
carried.
by providing that no railroad COM
pany shall acquire stock in any e0ml-
peting railroad company: and. pos
sibly. that no railroad company cn-
gagged in interstate commerce shall
hold stock in a competing railroad.
Approval 20 Issue Stock.
by providing that no railroad com-
pany engaged in interstate commerce
shall issue any additional stock or
bonds except with the approval ot the
commission. and for price not less
than par for stock, and not less than
the reasonable market value for
bonds.
These notifications in the act
would. il is believed. make il an cf-
fective measure To obtain reasonable
rates and fairness Of practices III the
operation of interstate railrnad lines
MIR. wlckersham. in speaking of the
sherman antitrust law. said that M
statute was 50 generally misuuacr-
stood, The speaker said the great pair
pose To be borne III mind in cnunec-
ton with this and similar legislation
is always the preservation OF the
freedom of trade.
No doubt" said he. the sherman
act is sufficiently comprehensive to
destroy such monopolies is the hold
ing corporation. but at tine same time
that the national government forses
a weapon t. destroy abuses. it mast
provide substitute for those lesiIi-