The Rice belt journal. (Welsh, Calcasieu Parish, La.) 1900-19??, 1910-01-14

Undef INC f"NS' 0NSN~ >'Nt
Executive Also Urges Federal In.
coruoraton Statute to Suppress
Abuses and Not to Destroy Lesiti-
mate Combinations of Capital.
1ro.blneton. Jan. Needed legislation
..ncarning the interstate commerce law
and the control OF trusts formed the SUD-
s ,lnt NJ President Taft's special message
congress. The president calls atten-
w. ' 10 the partial failure Of the present
W. law to get results because of
tSa frequent appeals from its decisions
~ federal courts and the slowness of the
sunreme court in deciding these cases.
The message says:
1T would not be proper to attempt to
,onrtve any corporation of the right to
Wy reyiew by court Of any order or de-
s srss which. if undisturbed, would rob it
~ q reasonable return upon its invest
rnsnt or would subject ii to burdens
Which would unjustly discriminate
sgainst It and in favor of other carriers
Similarly situated. What is, however, of
supreme Importance IS that the decision
~ such questions shall be as speedy as
sbs nature Of the circumstances will adj
nit and that a uniformity Of decision be
secured so as to bring about an effec-
Tvs systematic and scientific enforce
msnt of the comerce law, rather than
conaIcting decisions and uncertainty Of
anal result.
recommends "Court of Commerce"
FOR this purpose 1 recommend the es-
enlistment 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 Jurisdic-
ton over the following classes of cases:
"n All cases for the enforcement, 9TH
eryise than by ADJUDICATION and coIIec-
ton of forfeiture or penalty, or by in
dieton of criminal punishment, of any
brder of the interstate commerce COM
mission other than for the payment of
money.
aside annul or suspend any order or
requirement of the interstate commerce
commission.
49, All such cases as under section 3
u the act of February 10, 1903, known
IS the Elkins act are authorized to be
maintained in circuit court of the Uni
led States.
80 All such mandamus proceedings as
dnder the provisions of section 70 or sec
W
are authorized to be maintained in q 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. 1909,
may be urged in support of the creation
Of the commerce court.
TN order to provide sufficient Num-
Der Of judges to enable this court to be
constituted 1t will be necessary to author
Ice the appointment of five additional
circuit Judges, who, for the purposes Of
appointment, might be distributed to
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 commerce
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 1t should
also provide for payment to such judges
while sitting by assignment in the court
OF commerce of such additional amount
as Is necessary to bring their annual
compensation up to $4,000.
Only Second to Supreme Court.
The regular sessions of such court
should be held at the capitol, but it
different parts of the United States If
found desirable; and its orders and judg-
nents should be made final, subject only
90 review by the supreme court of the
United States. with the provision that
Che operation of the decree appealed from
shall not be stayed unless the supreme
court shall so order. The commerce court
should be empowered in It's discretion to
restrain or suspend the operation of an
,rder OF the Interstate commerce commits
bon under review pending the final hear
ng and determination of the proceeding,
put no such restraining order should be
pade except upon notice and afetr hear
ng, unless in cases where irreparable
tamage would otherwise ensue to the Pc
Ationer. A Judge of that court might
oe empowered TO allow a stay Of the
commissions order for a period of not
more than 60 days, but pending applfca-
uoh to the court of it's order or injunc-
uon. then only where his order shall con-
TAN specific finding based upon evil
aence submitted to the judge making the
order and identified by reference thereto
that such irreparable damage would re-
sui, sui TO the petitioner. specifying the ma
lure OF the damage"
Under the existing law the interstate
commerce commission itself initiates and
0eLends litigation in the courts for the
Enforcement, or in the defense of its or
GERS and DEGREES, and for this purpose 1t
employs attorneys, who, while subject to
Ine control of the attorney general. act,
Spon the initiative and under the instruc-
IONS OF the commission This blending
OF administrative legislative and judi
slai functions tends, in my opinion, to
impair the efficiency of the commission
~ clothing it with partisan characteris-
ucs and robbing 1t of the impartial judi
sal attitude 1t should occupy in pass
ing upon questions submitted to 1t. In
my opinion all litigation affecting the
government should be under the direct
control of the department Of justice; and
! therefore recommend that all proceed
ings affecting orders and DEGREES of the
Interstate commerce commission be
orougnt by or against the United States
% nomine, and be placed in charge of an
assistant attorney general acting under
She di'ecdon Of the attorney general"
Would Permit Agreements.
Coming to the subject of railroad pools
says:
The Republican platform of 1908 ex-
pressed the belief that the interstate
commerce law should he further amend
90 SO as to give the railroads the right
70 make any public traffic agreements
subject to the approval of the commits
Sson, nut maintaining always the prin-
Stple OF competition between naturally
solhpeung lines, and avoiding the COM
s l.g control of such lines by any means
whatsoever.
IN view Of the complete control over
A Chid's DEVELOPMENT.