Norwich bulletin., 1910-01-08

sent to congress the following special message on the proposed amendments to the interstate commerce and anti trust laws:
 To the Senate and House of Represent atives:
 l beg to submit to you certain recon mendations as to the amendments to the interstate commerce law and cer- tain considerations arising out of the operations of the antitrust law sug- geSting the wisdom of federal incor- poration of industrial companies Interstate Commerce Law.
 In the annual report of the interstate commerce commission for the year 19OS attention is called to the fact that be- tween July 1, 1908, and the close of that year sixteen suits had been begun to set aside orders of the commission (besides one commenced before that date) and that few orders of much consequence had been permitted to go without protest. In twelve of the cases referred to, it was stated, pre- liminary injunctions were prayed for, being granted in six and refused in six.
 Of course every carrier affected by an order of the commission has a con- stitutional right to appeal to a federal court to protect 1t from the enforce ment of an order which it may show to be prima facie confiscatory or un- justly discriminatory in it's effect, and as this application may be made to court in any district of the United States not only does delay result in the enforcement of the order, but great uncertainty is caused by contra riety of decision. It would not be proper to attempt to deprive any cor poration of the right to the review by a court of any order or decree which, if undisturbed, would rob it of a req sonable return upon it's investment or would subject it to burdens which would unjustIy discriminate against it and in favor of other carriers similar ly situated What is, however, of su- preme 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
 For this purpose 1 recommend the esta ablishment of a court of the, United States composed of five judges desig- mated for such purpose from among 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 juris- diction over the following classes of cases:
 First.-All cases for the enforcement, otherwise than by adjudication and collection of a forfeiture or penalty or by inhiction of criminal punishment, of any order of the interstate commerce commission other than for the payment of money.
 Second.-AlI cases brought to enjoin. set aside. annul or suspend any order or requirement. of the interstate com merce commission.
 Third.-All such cases as under sec ton of the act of Feb. 19, 1908, known as the "EIkins act" are au- thorized to be maintained in a circuit court of the United States
 Fourth.-Au such mandamus pro- ceed1ngs as under the provisions of section 20 or section B of the inter- state commerce law are authorized to be maintained in a circuit court of the United States.
 In order to provide a sufficient num- Der of judges to enable this court to be constituted, it will be necessary to authorize the appointment of five ad- ditionaI circuit judges. Annual com pensation of $1O.000 should be pro- vided.
 Review by the Supreme Court.
 The regular sessions Of such court should be held at the capital, but 1t should be empowered to hold sessions in different parts of the United States if found desirable and it's orders and judgments should be made final, sub- ject only to review by the supreme court of the United States, with the provision that the operation of the de- cree appealed from shall not be stayed unless the supreme court shall so or der. The commerce court should be empowered in it's discretion to restrain or suspend the operation of an order of the interstate commerce commis- sion under review pending the final hearing and determination of the pro ceeding. but no such restraining order should be made except upon notice and after hearing unless in cases where irreparable damage would oth- erwise ensue to the petitioner. A judge LII ludL cOuFL ul1SlJ pc enpOWGreO to allow a stay of the commissions or der for a period of not more than sixty days. but pending application to the court for it's order or injunction. then only where his order shall con- tain specific finding. based upon evi- dence submitted to the judge making the order and identified by reference thereto. that such irreparable damage would result to the petitioner, specify ing the nature of the damage.
 Under the existing law the inter- state commerce commission itself in- itiates and defends litigation in the courts for the enforcement or in the . defense of it's orders and decrees. In my opinion, all litigation affecting the government should be under the direct control of the department of justice.
 Agreement on Rates.
 The subject of agreements between carriers with respect to rates has been often discussed in eopOroSS PooIiOo