The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1910-01-08

right to review by a court of any order
Of decree which If undisturbed would rob
1t of reasonable return upon its In
which would unjustly discriminate against
situated
lance, is that the decision Of such ques-
lions 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 enforcement of the commerce
rather than s decisions and
Enlistment Of a c9urt Of the United
States st ties composed q Eve JUDGES designat
cult judges Of the United States, to be
known as the United States Court Of
with exclusive original jurisdiction over
the following classes of cases:
ID All cases for the enforcement, other
wise than by adjudica ton, and collection
Of a forfeiture or penalty, or by inflic-
ton of criminal punishment. of an order
OF the interstate commerce commission
other than for the payment Of money.
~ All cases brought to enjoin, set
aside, annul or suspend any order or re-
qufrement Of the interstate commerce
80 All such cases as under section 8
of the last act of February 10, 1908
known as the "Elkins act are authori-
sed to be maintained in circuit court
"a All such mandamus proceedings as
under the provisions of section 20 of sec
ton % OF the interstate commerce 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 GUS
toms appeals by the provisions in the tar
If act of Aug. 5, 1905 may be argued in
support of the creation of the commerce
court In order to provide a., sufficient
be constituted, 1t will be necessary to
authorize the appointment of five addi-
tienal circuit judges who for the purpose
to those circuits where there Is at the
present time the largest volume of bust
ness, such as the second, third, fourth,
seventh and eight circuits.
The act should empower the chief jus
tice. at any time when the business of the
court of copmerce does not require the
services of the Judges. to reassign the
circuits to which they respectively be-
long; and 1t should also provide for pay
signment in the court Of commerce Of
such additional amount as is necessary to
bring annual compensation up to $40, 600.
commerce. inner Commission itself initiates and
defends litigation in the, courts for the
enforcement, or in defense, of its orders
ploys attorneys. who, while subject to
the control OF the attorney general act
upon the initiative and under the instruc-
tons of the commission. This blending
of administrative, legislative and judicial
functions. tends, in my opinion. to i'm
pair the efficiency of the commission, by
and robbing it Of the impartial judicial
attitude it should occupy In passing upon
questions submitted it.
In view OF the complete coptroa over
ratemaking and other practices Of inter-
state carriers established by the acts Of
agreements between carriers, subject to
the act. specifying the classihcations of
freight and rates. fares and charges OF
have agreed to establish, should not be
permitted, provided copies of such agree
ments, be promptly filed with the commits.
the interstate commerce act and subject
to the right OF any parties to such agree
ment to cancel it. as to all or any Of the
lions by thirty days notice In writing to
the other parties and to the commission.
Under the existing law the commission
can only act with respect to an alleged
excessive rate or. unduly discriminatory
practice by carrier on complaint made
by some individual affected thereby. !
see no reason why the commission should
not be authorized to act on its own ini-
tiatfve. as well as upon the complaint
of an individual In investigating the fair
ness of any existing rate or practice; and
recommend the amendment of the law
to so provide, and also THAT the Commits
question to pass upon the classifications
of commodities for purposes of fixing
rates In like manner as 1t may now do
cable to any transportation
On the other hand. II the commission shall
make an sdss finding that the rate "a
reduced. the carrier affected may, by
proceedings in the courts. stay the opera
ton of such order of reduction for months
and even years. 1t has before been sug-
gested that the commission should be
empowered, whenever a proposed increase
in rates Is filed at once to enter upon an
fr,xra icrof fnrI of n Of fho
increase aDd to make an opder postpo ne
ing the effective date of such increase
until after such Investigation shall be
completed. To this much objection has
They contend that this would be. in eff
feet to take from the owners of the rail-
nd to eoshs re q
commission with the original rate making
pewerM,a policy which Nas mu !, .s discuss
burn act, in 1905-O6. and which was then
and has always been, distinctly rejected
and, in reply to the suggestion that they
ss y a1 The BY akns Ec to hs eor d
the commission until its reasQnableness
shall have been investigated by the courts
whereas, the people are deprived of any
carriers-they point to the provision of
the interstate commerce act. providing
for restitution to the shippers by carriers
of excessive rates charged in cases where
the order Of the commission reducing such
rates are affirmed. 1t may be doubted
how effective this remedy really is.
There has been a marked tendency in
business in this country for forty years
last past toward combination of capital
and plant in manufacture, sale and trans
several:
First, it has rendered possible grea,
has eyd dn te p S