The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1909-10-02
Interstate Commerce Officials
Approve TaftS DeS
MoineS Speech.
PLAN THE RESULT
OF LONG CONFERENCE
Members Think Scheme Better
Than Original Idea of Curtail-
ing Body's Powers.
By ]. C. wELLrvER.

BY ]. c. WELLTvER.
Tho Interstate Commerce Commission
e. in favor of President Tsfts proposal
FOR the creation OF federal court Of
Interstate commerce, with exclusive
jurisdiction Of appeals from orders Of
the commission.
This announcement has not vet been
made officially, but # viii be made I'm
due time. The commission In its forth
coming annual report viii add its
recommendation to that of the President
Tor this determination Of the difficult
problem Of judicial authority over mat
tiers Of interstat traffic.
President Taft in his Dos Moines
speech set forth for the first time his
Program Of reorganization OF the inter
state commerce legislation. That speech
was made several weeks after a con-
ference. in New York. of Cabinet law
yers and members Of the interstate COM
mission. The proceedings or that con-
ference we're kept very secret. II was
known that prior TO that time the
President had leaned toward a legisla-
tive program which was not at all salts
factory to members OF the commission
nor 70 the commissions friends in Con-
gross 1t looked 10 division OF the COM
missions authority. ana decided reduc-
ton of its standing and Importance
When, therefore. the New York con-
ference was arranged, Il became the op-
portunity for the commission TO present
its case just as fully and vigorously as
possible. Commissioners Knapp and
Prouty attended the meeting, and it is
now known that they handled the qucs-
tions under discussion with the greatest
vigOr.
More Power-Not Less
They made clear the impracticabnity
OF any scheme which involved division
OF authority and lessening Of power.
They urged more power. and more
concentration of that power; and they
pleaded for the maintenance of the
commission as the Repository or the
out Of their long experience and In
innate knowledge Of the problems Of
railroad regulation the two commits
sioners made their case so strong that
they overbOre all opposition They had
their way. They met and convinced the
cabinet lawyers. When II was all over
the agreement had been reached, on be-
hair of those present. that a program
entirely satisfactory 20 the commission
should be put forth. and the Cabinet
members undertook 10 present this con-
CluSiOn 10 President Taft
With what success the matter was
urged upon the Executive may be
judged from the fact that the Des
90 officials OF the commission, and fairly
8 represented their idea OF tho under
standing which had been reached a.
New York
Disagrees With Bailey.
s member of the commission recently
Esid:
4 have never been very certain about
the Bailey proposition that we could
absolutely take away ali jurisdiction of
Interstate commerce cases from all
courts except the Supreme Court. The
Supreme Court lt is true. is the only
stitutiOn. ana at first glance IL seems
that Bailey Is right IN cOaendiug that
Congressional courts can be limited 20
whatever Jurisdiction Congress may see
1it 10 give them.
But. on the other hand. the Supreme
Court. while the only constitutional
court, is bv the Constitution made an
appellate court. There seems to be no
way Of getting into it except on appeal.
can you appeal 70 court from a COM
mission II seems 20 me that an appel
late court can be given jurisdiction only.
Of appeals from subordinate court. And
The commission isn't court; therefore,
am not AT All sure whether an appeal
from il 10 the Supreme Court would be
entertained by the latter"
Railroads Choose Forum.
But. conceding that there must be
some provision for court review or or
ders OF the commission. the commits
sl0ner turned TO the present situation.
The railroads. he SAID. choose their
forum. They take their appeals to The
court where they have reason TO expect
the most consideration. The result Is a
conflict Of determination, and until the
Supreme Court decides among them. mo-
body knows what is the law. each furig-
ciCtion has ITS own. BY the time a case
gets 10 the Supreme Court. the uarticIl-
lar case Is liable to be decided on some
minor point. which excludes a ruling
OE tho genera principle Involved. And
then We are MS much En- the dark as
CvCr. and 10 must an De done over
Vow. a court Of interstate commerce,
sitting In Washington. would become
expert I'm these questions, which general
courts cannot possibly do. II would
work with them exclusively. It's deci-
Fions would come 10 be accepted by the
Supreme Court as representing the
= J1dcnSDt ~ specialists and they would
he iufe-fcrcd with only when intcrfcr-
ouce was mauifestIy necessary. The
records would be made up I'm such FASH
fru that when n decision was secured
from the Supreme Court IL would be
good deal more likely 90 decide the
real. essential point in issue. II seems
. 20 me. on the whole that our expert
euce should make 81 friends Of the
commission and Of tho policy Of effec-
tive regulation favor the court idea as
tho President has proposed u.
View of Commission.
The foregoing expression represents
not only the view Of the commissioner
who delivered It. Dut it is known to
stand for the view of the commission as
whole. There are some things IN tho
Presidents program as outlined AZ Des
NloireS which some OF the coulniss ior-
crs doubt. there are some things which
DC omitted to say at DcsMOincs which
thcv wish he had said but as 10 the
court ~ interstate commerce. the com
mission rs decidedly with the President;
and this 81 expected tO bo about The
most important thing demanded by the
President iu his message.
Senators Cummins. Ia Toilette. and
other students OF the transportation and
interstate commerce questions. viii have
81 great deal 30 add TO the Presidents
program. and from present Indications.
Congress viii remain in Washington
iIst as IOng as 81 dareS IN view or the
pcudency Of a Congressional campaign
IT home, before action is taken
KILLS INDIAN MAIDEN.
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