Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-01-07
president URGES
COMMERCE COURT
Continued from First Page.)

Continued from First Page)
court in any district Of the United
States, not only does delay result in
the enforcement of the order, but great
uncertainty is caused by contrariety of
decision. The questions presented by
these applications are too often techni-
cal in their character and require
knowledge of the business and the
mastery of great volume of conflict
ing evidence which is tedious to ex-
anime and troublesome to comprehend.
1t would not be proper to attempt to
deprive any corporation of the right to
the review by court of any order or
decree which, if undisturbed, would
rob 1t of a reasonable return upon its
investment or would subject it to bur-
dens which would unjustly discrimln-
ate against it and in favor of other
carriers similarly situated. What is.
however. of sdpreme Importance is that
the decision of such questions shall
be as speedy as the nature of the Cir
cumstances will admit, and that I'M
iformity 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 uncertainty of final result.
Court Of Five Judges.
For this purpose l recommend the
establishment of court of the United
States composed of FIVE judges desig-
mated for such purpose from among
the circuit judges of the United States.
10 be known as the United, States
Of ;o, Oh
be clothed with exclusive original jur-
isdiction over the following classes of
cases:
~ All cases for the enforcement,
otherwise than by adjudication and
.s.ee.lon OF forfeiture or penalty,
or by infiiction of criminal punishment,
of an order of the interstate commerce
commission other than for the payment
81 money.
y All cases brought to enjoin. set
aside, annul or suspend any order or
requirement of the interstate commerce
commission.
go All such cases as under section
! 8 of the act of Feb. 10. 1903, known as
the "Elkins act" are authorized to be
maintained in circuit court of the
United States.
ca All such mandamus proceedings
as under the provisions of section 20
or section IS of the interstate COM
merce law are authorized TO be main
/ tanned in a circuit court of the United
States.
Would Keep Them Busy.
! In order TO provide a sufficient num-
Der 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
purposes of appointment, might be dis
tributed TO those circuits where there
is at the present time the largest vol
ume of business The act should en-
power the chief justice at any time
when the business of the court of COM
tneree does not require the services OF
AL the judges to reassign the judges
designated 10 that court to the circuits
Ito which they respectively belong; and
it should also provide for payment tc
such judges while sitting by assign
ment in the court of commerce of sucf
additional amount as is necessary Il
bring their annual compensation up t.
$4,000, the regular sessions of suct
court should be held at the capital, bu
it should be empowered to hold ses-
sions in different parts of the United
States if found desirable; and its or
ders and judgments should be made
final. subject only to review by The
supreme court of the United State:
with the provision that the operation
of the decree appealed from shall no
be stayed unless the supreme cour
shall so order. The commerce cour
should be empowered in its discretion
TO restrain or suspend the operation o
an order of the interstate commerce
commission under review pending tn
final hearing and determination of tn
proceeding, but no such restraining or
der should be made except upon motto
, and after hearing, unless in case
: where irreparable damage would 9th
: erwise ensue TO the petitioner. A judg
, of that court might be empowered I
: allow a stay of the commissions orde
for a period of not more than sixt
days, but pending application to tn
court for its order or injunction, the
!. only where his order shall contain
. specific finding based upon evidenc
submitted to he Judge making the or
> der and identified by reference theret'
~
y result to the petitioner, specifying tn
y nature of the damage.
Power in Effectiveness.
/ believe these suggested modifics
i tions in and amendments to the intel
state commerce act would make it
y complete and effective measure for 81
y curing reasonableness Of rates ar
. fairness of practices in the operation
interstate railroad lines, without III
. due preference TO any individual
n class over any others: and would pr,
n vent the recurrence of many of Il
n practices which have given rise in Il
' past to much public inconvenience al
loss.
n BY my direction the attorney gene
N al has drafted bill to carry out the
recomm endations, which will be fur
ished upon request to the appropria
a committee whenever it may be desire
In addition to the foregoing amen
20 ments of the interstate commerce La
70 the interstate commerce commissi
Is should be given the power, after a hea
v, ing. to determine upon the unifo1
construction of those appliafces-su
10 as sill steps, ladders, roof hand hol'
IS running boards, and hand brakes
30 freight cars engaged in intersts
y, conmerce-used by the trafnmen
Employees and the Courts.
81 The question mas arisen ii ii the cps
50 alton of the interstate commerce el
ployers' liability act as to whether s.
can be brought against the emplo,
company in any place other than IL
ep Of its home office. The right to bri