The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1910-01-08
Presidents Communication Regarding Inter-
state Commerce and Antitrust Law is Read.
URGES ESTABLISHMENT OF COURT OF COMMERCE
Executives Suggestions Relative Needed Amendments tc
Law Governing Trade and More Effective Federal Su-
pervsion Of Railroads Is Listened to With
Great Interest by Ah

/ decree. which. If uudisturbcd. would
rob it of a reasonable return on its
! Investment or would subject it to bur
dens which would unjustly discrimi-
nate against il 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 admit and that a
uniformity OF decision be secured SO as
to bring about an effective. systematic
and scientific enforcement of the COM
merce law. rather than conflicting de-
cisions and uncertaint. of final result.
Court Of Commerce.
For this purpose I recommend the
establishment of court of the United
States composed OF five judges desig-
mated for such purpose from among
the circuit court judges Of the United
states. to be known as the United
States court of commerce. which court
shall be clothed with exclusive original
jurisdiction over the following classes
Of cases:
u) All cases for the enforcement
otherwise than by adjudication and
collection of forfeiture or penalty or
by inflicton Of criminal punishment
Of an order of the Interstate commerce
commission other than for the pay
ment of money.
(2) All cases brought to enjoin. set
aside. annul or suspend any order or
requirement Of the Interstate COM
merce commission.
t3) All such cases as, under section
3 of the act Of February 10. 1903,
known as the Elkins act, are author
lied to be maintained in circuit
court of the United States.
Mandamus Cases.
ca All such mandamus proceedings
as. under the provisions Of section or
section % Of the Interstate commerce
law. are authorized to be maintained in
circuit court of the United States.
Reasons specially analogous to those
which induced the congress to create
the court of customs appeals by the
provision in the tariff act of August
). 1909. may be urged in support of
the creation of the commerce court.
In order to provide sufficient num-
ber of judges to enable this court to
be constituted. it will be necessary to
authorize the appointment Of five adj
ditional circuit judges. who, for the
purpose of appointment. might be dis
tributed to those circuits where there
is at the present time the largest vol
ume of business. such as the second.
third. fourth. seventh and eighth cir
cults.
The act should empower the chief
justice at any time when the business
OF the court of commerce does not
require the services of all the judges
to re-assign the judges designated to
that court to the circuits TO which
they respectively belong: and II should
also provide for payment to such
judges while sitting by assignment in
the court of commerce of such addi-
t.onal amount as Is necessary to bring
their annual compensation up to $4,000.
The regular sessions of such court
should be held at the capital; but Il
should be empowered to hold sessions
in different parts OF the United States
II found desirable; and its 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.
Suspend Operation.
The commerce court should be en-
powered in its discretion to restrain
or suspend the operation of an order
of the Interstate commerce commits
sion under review pending the final
hearing and determination OF the
proceeding, but no such restraining or
der should be made except uponlhotice
and after hearing, unless In cases
where irreparable damage would 9TH
erwisS ensue To the petitioner. a judge
of that court might be empowered to
allow a stay of the commissions or
der for a period of not more than 50
days. but pending application to the
court for its order or injunction. then
only where his order shall contain a
specific finding aased upon evidence,
submitted to the Judge making the
order and identified by reference there
tn. that such irreparable damage
would result to the petitioners speci-
flying the nature of the damage
impairs Efficiency.
Under the existing law the interstate
commerce commission itself initiates
and defends litigation in the courts
for the enforcement, or in the defense
or. its orders and DEGREES. and for
this purpose it employs attorneys who.
while subject to the control of the at
torney general act upon the initiative
and under the instructions of the COM
mission This blending OF administra-
Continued On Page Ten1