The herald-advance. (Milbank, S.D.) 1890-1922, 1910-01-14

corporation Statute to Suppress
Abuses and Not to Destroy Legiti-
mate Combinations Of Capital.
Washington, Jan. 7.-Needed legislation
concerning the interstate law
and the control Of trusts formed the sub
Ject of President Taft's special message
ton to the partial failure of the present
law to get results because of
the frequent appeals from its decisions
to federal courts and the slowness of the
supreme court in deciding these cases.
The message says:
1t would not be proper to attempt to
Deprive any corporation of the right to
the review by a court of any order or de-
cree which, If undisturbed, would rob it
OF a reasonable return upon it's invest
,ment or would subject it to burdens
EMch would unjustly discriminate
Hgainst 1t and in favor of other carriers
similarly situated. What is. however. of
supreme Importance is that the decision
OF such questions shall be as speedy as
the nature of the circumstances will ad-
init. and that a uniformity of decision be
secured SO as to bring about an effec-
tive, systematic and scientific enforce
ment OF the comerce law, rather than
conflicting decisions and uncertainty of
final result.
Recommends "Court of Commerce."
Fl this purpose l recommend the es-
enlistment of a court of the United
States composed Of five judges desig-
stN'SN AL SUI pdl poSt NUN dIlOIS the
circuit judges Of the United States, to
be known as the United States court
OF commerce. which court shall be
clothed with exclusive original jurisdic-
ton over the following classes of cases:
% All cases for the enforcement, 9TH
erwise than by ADJUDICATION and collec-
ton. or a forfeiture or penalty, or by in
Motion OF criminal punishment, of any
order OF the interstate m COM
mission other than for the payment of
go All cases brought to enjoin, set
aside, annul or suspend any order or
requirement of the interstate
commission.
90 All such cases as under section
OF the act of February 10, 1903, known
As the 'k'llins act are authorized to be
malntalned in a circuit court of the Uni
ted States.
go All such mandamus proceedings as
under the provisions of section 20 or sec
ton % OF the interstate m law
are authorized to be maintained in a cir
cult court of the United States.
Reasons precisely analogous to those
which induced the congress to create the
court of customs appeals by the provi-
sions In the tariff act of August 5. 1903,
may be urged in support of the creation
~ order to provide a sufficient num-
Der Of judges to enable this court to be
constituted it will be necessary to author
Ice the appointment of five additional
circuit judges, who, for the purposes Of
those circuits where there is at the pres
ent time the largest volume of business
such as the second, third, fourth. seventh
and eighth circuits. The act should en-
power the chief justice at any time when
the business of the court of
does not require the services of all the
Judges to reassign the judges designated
to that court to the circuits to which
they respectively belong; and it should
while sitting by assignment in the court
OF of such additional amount
as Is necessary to bring their annual
compensation up to $4,000.
NrIn CA>o~J - Cn~no.> ~4n
1.-The regular sessions of such court
should be held at the capitol, but it
should be empowered to hold sessions in
different parts of the United States if
ments should be made final. subject only
to review by the supreme court of the
United State. with the provision that
the operation OF the decree appealed from
shall not be stayed unless the supreme
court shall so order. The court
should be empowered in its discretion to
restrain or suspend the operation of an
order Of the interstate IN commits
sion under review pending the final hear
ing and determination of the proceeding,
but no such restraining order should be
made except upon notice and afetr hear
Ing. unless In cases where irreparable
damage would otherwise ensue to the pc
titioner. A judge of that court might
be empowered to Fllow a stay of the
commissions order Tor a period of not
ton to the court of it's order or injunc-
ton, then only where his order shall con-
tain a Specl1lC nndlnS DaScd upon evil
depee submitted to the judge making the
and identified by reference thereto
a. such irreparable damage would re-
! suit to the petitioner, specifying the ma
l ture of the damage
"Under the existing law the interstate
1commerce commission itself initiates and
defends litigation in the courts for the
reinforcement, or in the defense of its or
lders and DEGREES. and for this purpose 1t
employs attorneys, who, while subject to
the control Of the attorney general, act
upon the initiative and under the instruc-
lions of the commission. This blending
Of administrative legislative and judi
impair the efficiency of the commission
BY clothing it with partisan characteris-
tics and robbing 1t Of the impartial judi
cial attitude it should occupy in pass
my opinion all litigation affecting. the
government should be under the direct
control of the department OF Justice; and
therefore that all proceed
ings affecting orders and DEGREES Of the
brought by or against the United States
% nomine, and be placed in charge OF an
assistant attorney general acting under
the direction Of the attorney general
Would Permit Agreements.
Coming to the subject Of railroad pools
and trafic agreements. the president
'The Republican platform Of 1908 ex-
pressed the belief that the interstate
commerce law should be further amend.
ed SO as to give the railroads the rlsnt
to make any public traffic agreements
sion, but maintaining. always the prin-
ciple OF competition between naturally
competing lines, and avoiding the com
mon control of such lines by any means
whatsoever.
I'm view Of the complete control over