The searchlight. [volume] (Culbertson, Mont.) 1902-current, 1910-01-14
COMMERCE LAW
AND THE TRUSTS
TREATED BY TAFT
PRESIDENT HANDLES TWO I'M
PoRTANT TOPICS IN HIS sPE-
cIAL MESSAGE TO CONGRESS.
WANTS NEW COURT CREATED


corporation Statute to Suppress
Abuses and Not to Destroy Lesiti.
mate Combinations Of Capital.
Washington, Jan. NEEDED legislation
concerning the interstate commerce law
and the control of trusts formed the sub
tect of President Tafts special message
10 congress. TIE president calls atten-
ton to the partial failure OF the present
the frequent appeals from Its decisions
to federal courts and the slowness Of the
supreme court In deciding these cases.
The message says:
"It would not be proper to attempt to
| deprive any corporation of the right to
cree ere which. IL undisturbed' would rob ii
| of a reasonable return upon Its invest
rnent or would subject 1t TO burdens
| against 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 adj
| init. and that a uniformity of decision be
secured so as to bring about an effec-
1 ment OF the comercc law. rather than
| conflicting decisions and uncertainty Of
/ final result.
| Recommends "court Of Commerce"
| For this purpose recommend the es.
| Enlistment of a court OF the United
| States composed of five judges destg-
| mated for such purpose from among the
circuit judges q the United States. to
/ of commerce. which court shall be
| clothed with exclusive original turisdic-
uon over. the following classes of cases:
| I'D All cases for the enforcement, 9TH
| erwise than by ajudication and collec-
ton, of n forfeiture or penalty. or BY In
Fiction OF criminal punishment. OF any
| order of the Interstate commerce COM
| mission other than for the payment OF
. money.
'"t2) All cases brought to enjoin. set
aside. annui or suspend any order or
requirement of the interstate commerce
commission.
"tO All such cases as under section 3
of the act of February ~. 1903 known
| as the 'Elkins act. are authorized to be
maintained in a circuit court of the Un-
go All such mandamus proceedings as
under the provisions OF section % or sec
ton q OF the Interstate commerce law
| are authorized To be maintained In cir
| cult court OF the United States.
Reasons precisely analogous to those
which induced the congress TO create the
sions in the tariff act of August s, 1909.
may be urged In support of the creation
OF the commerce court.
| TN order TO provide sufficient num-
Der OF jr6 e. enable this court TO be
. constituted =, will be necessary to author,
ize the appointment OF fiye additional
appointment. might be distributed &c
, those circuits where there is at the pres
!
such MS the second. third. fourth, seventh
and eighth circuits. The act should en-
, power the chief justice at any time wher
the business of the court of eommercs
{ does not require the services of all this
judges TO reassicn the Judges designated
|, TO that court to the circuits TO which
also provide for payment To such Judge,
while sitting by assignment In the cour
of commerce of such additional amount
, as IL necessary to bring their annua
, | compensation UP to $4,000.
,, Only Second to Supreme Court.
1.-THE regular sessions of such eour
Z should be held at the capitol. but I
should be empowered to hold sessions u
| different parts of the United States i
: found desirable: and Its orders and judg
] | ments should be made final. subject onl,
to review by the supreme court OF TN
| United States. with the provision tina
] | the operation Of the decree appealed from
| shall not be stayed unless the supreme
court shall 50 order. The commerce eour
restrain or suspend the operation of nj
: | order of the interstate commerce commits
Ing and determination OF the proceedins
+ but no such restraining order should b
made except upon notice and afetr hear
. Ing, unless In cases where irrcpafabl
!. damage would otherwise ensue to the pc
n | titioner, judge of that court NIGH
:. he empowered to allow stay of tn
| commissions order for period OF no
more than 60 days but pending applica
ton to the court OF Its order or injunc
ton. then only where his order small cor
a tain specific finding based upon ey
:, dence submitted TO the judge making IN
! order and identified by reference theret
that such irreparable damage would RI
suit to the petitioner; specifying the ma
ture of the damage"
@ "Under the existing law the intersta'
| commerce commission itself initiates an
defends litigation in the courts for II
Enforcement or in the defense of its Of
ders and DEGREES. and for this purpose
employs attorneys, who, while subject
the control OF the attorney general. a.
70 upon the initiative and under the instru
tions of the commission. This blendir
OF administrative. legislative and jud
cial functions tends. In my opinion,
M impair the efficiency of the eommissis
70 by clothing il with partisan character
20 cial attitude Il should occupy In pas
y ing upon questions submitted to IT.
my opinion all litigation affecting Il
70 government should be under the dire
Il control of the department of justice. M
Id I therefore recommend that all proeee
20 inIs affecting orders and DEGREES of u
'o interstate commerce commission
sy brought by or against the United stat
=. 60 nomine. and be placed in charge OF ;
v assistant attorney geneeai acting nnd
ne .he direction of the attorney general"
I'd Would Permit Agreements.
Id Coming To the subject Of railroad poo
al and traffic agreements. the preside
.sThe Republican platform of 1898 e
commerce law should be further amen
Nv ed SO as TO give the railroads the rig
~ TO make any public traffc agreemen
]. subject to the approval OF the &c comm I'm,
"a ciple of competition between natural
Gu competing lines. and avoiding the col
ng mon control of such lines by any mea
OF I'm view of the complete control ov