The Glenwood post., 1910-01-15

Executive Also Urges Federal In
corporation Statute to Suppress
Abuses and Not to Destroy Leaiti.
mate Combinations Of Capital.
Washington. Jan. Needed legislation
concerning the interstate commerce law
and the control of trusts formed the sub
ject of President Taft's special message
tion to the partial failure of the present
Aommerce law to get results because of
he 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
the review by a court of any order de-
cree which. if undisturbed would rob it
of a reasonable return upon its invest
ment or would subject it to burdens
which would unjustly. discriminate
against it and in favor of other carriers
supreme Importance is that the decision
of such questions shall be as speedy as
the nature Of the circumstances will ad-
init, and that a uniformity of decision be
secured so as to bring about effec-
tive. systematic and scientific enforce
ment of the comerce law. rather than
final result.
Recommends "Court of Commerce."
For this purpose 1 recommend the es-
Enlistment of a court of the United
aCOlpoSeu ol HNe Judges uGSlS-
mated for such purpose from among the
circuit Judges of the United States, to
be known as the United States court
clothed with exclusive original jurisdic-
ton over the following classes of cases:
% All cases for the enforcement. 9th
erwise than by ajudication and collec-
tion: of a forfeiture or penalty or by in
Fiction of criminal punishment. of any
mission other than for the payment of
money.
..tD All cases brought to enjoin. set
aside. annul or suspend any order or
requirement of the interstate commerce
commission.
"(3) All such cases as under section 3
of the act of February 10. 1903 known
as the 'Elkins act are authorized to be
maintained in circuit court of the Uni
20 All such mandamus proceedings as
under the provisions of section 20 sec
ton 3 of the interstate commerce law
cult court of the United States.
Reasons precisely analogous to those
court OF customs appeals by the provi-
sions in the tariff act of August s. 1909,
may be urged in support of the creation
of the commerce court
IN order to provide a sufficient num-
Der of judges to enable this court to be
Constituted it will be necessary to author
Ssze the. appointment of five additional
circuit judges. who. for the purposes of
appointment. might be distributed to
ent time the largest volume Of business
such as the second. third. fourth seventh
and eighth circuits. The act should en-
the business of the court of commerce
does not require the services of all the
judges to reassisn the judges destgnated
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 regplar, sessions of such court
should be empowered to hold sessions in
different parts of the United States IL
to review by the supreme court of the
United States. with the provision that
shall not be stayed unless the supreme
court shall SO order. The commerce court
should be empowered in its discretion to
order of the interstate commerce commits
sion under review pending the final hear
but no such restraining order should be
made except upon notice and afetr hear
inE unless ,,5 n cases where irreparable
titioner. judge of that court might
be empowered to allow stay Of the
han 60 b Sa pendns pfned appea
ton to the court Of Its order or injunc-
ton then only where his order shall con-
dence submitted to the judge making the
order and identified by reference thereto
that such irreparable damage would re-
suit to the petitioner. specifying the ma
ture of the damage"
Under the existing law the interstate
commerce commission itself initiates and
M'efends litigation In the courts for the
Enforcement or in the defense of its Or
hers and DEGREES. and for this purpose it
ESnoloys attorneys, who. while subject to
" control of the attorney general, act
Npoh the Initiative and under the instruc-
tons Of the commission This blending
impair the eficiencY OF the commission
by clothing II with partisan characteris-
tics and robbing II of the impartial judi
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
ings affecting orders and decrees of the
Interstate commerce commission be
brought by or against the United States
go nomine, and be placed In charge of an
the direction Of the attorney general'
Would Permit Agreements.
Coming to the subject of railroad pools
and trafhc agreements the president
:The Republican platform of 1908 ex-.
pressed the belief that the interstate
commerce law should be further amend.
to make any public traffic agreements
subject to the approval of the commits
sion. but maintaining always the prin-
ciple Of competition between naturally
mon control of such lines by any means
I'm view of the complete control over