Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1910-01-08
Recommends the Establishment of o.
United States Court of Commerce
to Help Enforce the LaW.

the enforcement OF an OrQer WHICH
it may show to be prima facie con-
fiscatory or unjustly discriminatory
cation may be made to court in
any district of the United States,
not only does it delay result in the
enforcement of the order, but great
uncertainty is caused by contrariety
of decision
The question presented by these
applications are too often techni-
cal in their character and require
Ia knowledge of the business and
the mastery of great volume of
conflicting evidence which is te-
dious to examine and troublesome
to comprehend. 1t would not be
proper to attempt to deprive any
corporation of the right to the re-
view by a court of any order or
any decree, which, if undisturbed,
would rob it of reasonable re-
turn upon it's investment or would
subject it to burdens which would
unjustly discriminate against it and
in favor of other carriers similar
| ly situated What is, however,
Eof supreme Importance, is that the
decision of such questions shall be
as speedy as the nature of the
circumstances will admit and that a
uniformity of decision be secured
so as to bring about an effective,
systematic and scientific enforce
ment of the commerce law, rather
than conflicting decisions and un-
certainty of final result.
For this purpose, / recommend
the establishment of court of the
United States composed of five
judges designated for such purpose
from among the circuit court judges
of the United States, to be known
as the UNITED States Court OF
Commerce. which court shall be
clothed with exclusive original ju-
risdiction over the following classes
of cases
% All cases for the enforce
ment, otherwise than by adjudica-
tion and collection of a forfeiture
or penalty or by infiction of Grim.
inal punishment, of an order of the
Interstate commerce commission
other than for the payment OF
money.
CD All cases brought to enjoin
set aside, annul or suspend any
order or relinquishment of the in
lterstate commerce commission.
j (3) All such cases as, under
section 8 of the act of February
10, 1903, known as the "Elkin.
act" are authorized to be main
tanned in a circuit court of thu
United States.
(4) All such mandamus pro
ceedings as, under the provision
} of section 20 of Section %, of tn,
: interstate commerce Law, are au
lHOTlZSu 10 Ue mdluldlueu III
: circuit court of the United States
, Reasons specially analogous t,
} those which induced the congress
} to create the court of customs ap
J peals by the provisions in tn
: tariff act of August 5, 1909, ma
7 be urged in support of the creation
> of the commerce court.
4 In order to provide a sufficien
: number of judges to enable thi
court to be constituted, it will
. necessary to authorize the appoint
: ment of five additional circui
: judges, who, for the purpose @
Y appointment, might be distribute
l to those circuits where there
s at the present time the largest vo
0 ume of business, such as the SCI
ond, third, fourth, seventh an
d eighth circuits.
S The act should empower the chic
o justice, at any time when the bul
n mess of the court of commerC