Shiner gazette. [volume] (Shiner, Tex.) 1893-current, 1910-01-13

Under the Interstate LaW-Chlef
Executive Also Urges Federal In
corporation Statute to Suppress
Abuses and Not to Destroy Legitl-
mate Combinations Of Capital.
Washington, Jan. 7.-Needed legislation
concerning the interstate commerce law
and the control of trusts formed the sub
ject of President Taft's special message
70 congress The president calls atten,
commerce law to get results because of
the frequent appeals from its decisions
to federal courts and the slowness of the
supreme court in deciding these cases.
The message says:
ut would not be proper to attempt to
deprive any corporation of the right to
the review by court of any order OF, de-
cree which. If undisturbed, would rob 1t
of Il reasonable return upon its invest
ment or would subject 1t TO burdens
which would unjustly discriminate
against 1t and in favor of other carriers
similarly situated. What is, howeyeision
supreme Importance is that A speedy as
Of such questions sA9a{lmstances will ad-
MY rq and TT Uniformity of decision be
nac,,rcd SO as to bring about an eiIec-
i've, systematic and scientinc eniorce-
ment of the comerce law, rather than
conflicting decisions and uncertainty OF
final result.
Recommends "Court Of Commerce"
FOR this purpose recommend the es,,
/ tablIshment of n court of the United
States composed OF fve Judges o,, Ges IKE
nircuit Judges of the United States, TO
| be known as the United States court
Clothed With exclusive original jurisdic-
| lion over the following classes OF cases
"G All cases for the enforcement, 0tn-
erwise than by ADJUDICATION ana eonee-
niction of criminal punishment, Oh any
order of the interstate commerce corr
mission other than for the payment Vi
"St2l' All cases brought to enJoin, set
aside. annul or suspend any order OF
l requirement of the Interstate commerce
10 vs. Xii such cases as under section 3
of the act of February l9 lyOS, known
ms tho 'Elkins act are authorized 10 pe
maintained in circuit court Oh tle Ohi
"C1 All such mandamus proceedings as
under the provisions of section 70 or sec
ton % of the interstate commerce law
l,i erized 20 ha nlain ~ in "a elr-
cult f, court OF r .ma nt enaioeo,is to those
which Induced the congress. to create the
court of customs appeals by the prS0nvoda-
slons in the tariff act of August b, l9Os
may be urged in support of the creation
of the commerce court
"In order to provide a sufficient mum
Der of judges to enable this court TO be
constituted 1t will be necessary to author;
lie the appointment of five additional
circuit Judges, who, for the purposes o.
, those circuits where there is at. the pres
emit 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 whei
3 the business of the court OF commerc'
does not require the services OF all IN
: Judges to reassign the Judges designate.
4 10 that court to the circuits to whicl
they respectively belong; and i shoul'
L also provide for payment to such judge
while sitting by assignment in the cour
of oomme-ce of such additional amour
as is necessary to bring their annua
compensation up to $4,000.
Only Second to Supreme Court.
e 1.-THE regular sessions of such coul
= should be held at the capitol, but
U should be empowered to hold sessions !
VI different parts of the United states
:, found desirable; and It's orders ana JUICE
n ments should be made final, subject onl
Ia to review by the supreme court OF n
10 United States, with the provision thi
10 the operation Of the decree apPeaiea n reol
- court shall so order. The commerce cou
az should be empowered In its discretion
30 restrain or suspend the operation OF
re order of the interstate commerce commi
sion under review pending the final hea
Of Ing and determination of the proceedln
q. but no such restraining order should
Ds Ing unless In cases where irreparnh
"A damage would otherwise. ensue to the p
~ be empowered to allow a stay of I
u commissions order for a period of n
e. more than 60 days, but pending apple
- tion to the court of its order or in1un
SIS lion. then only where his order shall co
al tain a specific finding based upon e'
" dence submitted to the judge making t
st order and Identified by reference there
la, that such irreparable damage would
II" suit to the petitioner, specifying the I
he ture of the damage"
Under the existing Law. the. interstt
as commerce commission itself initiates a
10. defends litigation in the courts for
enforcement or in the "a, det ems n oil 5s
=. employs attorneys, who, while subject
tons of the commission. This blend
OF ADMINISTRATIVE, legislative and u
an YSs st tsSs of tRs SBnon
he by clothing 1t with partisan characte
tics and robbing It of the impartial j.
les cial attitude It should occupy In pc
tn nv opinion ali litigation affecting
sta government should be under the dill
control of the department OF tusucei
ra- therefore recommend that an prosSt
enS Interstate commerce commission
ca- brought by or against the United ST
~ go nomine, and be placed IN charge OF
III assistant attorney general actlns a "
in the direction OF the attorney general
90. Would Permit Agreements.
sta and " trafhc agreements, the presl'
SThe Republican platform Of 1908
pressed the belief that the lnters
10 I'D SO as to give the railroads the r
nth 4 10 make any public traffic agreem
subject to the approval of the com
cam sion. but maintaining always .ie
nm. cipie of competition. between natul
Jun competing lines, and avoiding the
rou- mon control of such lines by any m
.ass whatsoever 49, .,,.. cortrol