The Lamar register., 1910-01-12

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 addi-
tional amount as is necessary to bring
theif annuol compensation up to $4,000.
Only Second to Supreme Court.
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 II
found desirable: and Its orders and judy
ments should be made final. subject only
to review by the supreme court of the
United States. with the provision that
the operation of the decree appealed
from shall not be stayed unless the su-
preme court shall SO order. The COM
merce court should be empowered in Its
discretion to restrain or suspend the op-
Grafton of an order of the Interstate COM
merce commission under review pending
the final hearing and determination Of
the proceeding. but no such restraining
order should be made except upon no.
tice and after hearing. unless In cases
where irreparable damage would other
wise ensue to the petitioner. Judge
of that court might be empowered to al
low a stay of the commissions order for
q period of not more than go days. but
pending application to the court OF Its
order or Injunction. then only where his
order shall contain n specific finding
based upon evidence submitted to the
Judge making the order and Identified by
reference thereto that such irreparable
damage would result to the petitioner.
specifying the nature of the damage.
Under the existing law. the interstate
commerce commission itself Initiates and
defends litigation in the courts for the
enforcement. or in the defense of its or
ders and decrees. and for this purpose II
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
cial functions tends. In my opinion. to
impair the efficiency of the commission
by clothing II with partisan characferis-
tics and robbing II of the impartial judi
ciai attitude II should occupy In pass
ing upon questions submitted to it. 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
brought by or against the United States
go nomine. and be placed In charge of an
assistant attorney-generai acting under
the direction of the attorney general
Wouto FeFuN agreements
In view of the complete control over
rate-mnking. and other practices of In
terstate carriers established by the acts
of congress. and as recommended In this
communication. I see no reason why
arreemnts between carriers subject to
the act specifying the clnssifcations of
freight and the rates. fares and charges
for transportation OF passengers and
freight which they may agree to estnb-
iish should not be permitted. provided.
copies of such agreemnts be promptly
filed with the commission. but subject to
ali the provisions of the interstate COM
merce act. and subject to the right of
any parties to such agrcemnt to cancel II
as to all or any of the agreed rates.
fares. charges. or Consultations by 20
days notice In writing to the other par
ties and to the commission.
Under the existing law the commits
sion can only act with respect to an al
legged excessive rate or unduly discrimin-
atory practice by a carrier on a COM
plant made by some Individual affected
thereby. see no reason why the COM
mission should not be authorized to act
on Its own Initiative as well upon the
complaint OF an Individual IN investigat-
ing the fairness OF any existing rate or
practice: and I recommend the amend
ment of the law to SO provide: and also
that the commission shall be fully en-
powered. beyond any question. to pass
for purpose of fixing rates. In like man
ner II may now do with respect to the
maximum rate applicable to any trans
portation.
Existing Law Powerless.
Under the existing law the commission
may not investigate an Increase in rates
until after II shall become effective: and
although one or more carriers may nls
with the commission a proposed increase
In rates or change In classifications OF
other alteration of the existing rates oil
classincations. to become effective at ths
expiration of 30 days from such filing nc
proceeding can be taken to investigate
the reasonableness of such proposed
change until after 1t becomes operative
On the other hand. II the commission
shall make an order finding that an ex
listing rate is excessive, and directing 4
to be reduced. the carrier affected may
by proceedings In the courts. stay tn,
operation of such order of reduction fol
months. and even years. II has. there
fore. been suggested that the commits
sion should be empowered whenever
proposed increase In rates Is filed. a
once to enter upon an investigation o
the reasonableness Of the Increase. ant
to make an order postponing the effec
tive date of such Increase until afte
such investigation shall be completed. T,
this much objection has been made OF
the part of carriers. They contend tina
tiiis Wouiu De IN euect 10 Jake from I'M
owners of the railroads the management
of their properties and to clothe the in
terstate commerce commission with tn
original rate-making power-a polio,
which was much discussed at the tim
of the passage of the Hepburn act II
1866. and which was then and has nj
ways been distinctly rejected. and in re
ply to the suggestion that they are able
by resorting to the courts. to stay tn
taking effect of the order of the commits
sion until its reasonableness shall hav
been Investigated by the courts. where
as. the people are deprived of any sucl
remedy with respect to action by tn
carriers. they point to the provisions o
the interstate commerce act providing 70
restitution to the shippers by carriers. o
excessive rates charged In cases wher