New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-05-17
I)NNERCE COURT SURE
,,,ote Follows House in Voting
for Presidents Measure.
asuRGENTS MEET DEFEAT
,~sndments to Railroad Bill,
offered by Senator Cum
Minis, Rejected.
-ron Tho tribune Bureau. J

-Af1e1ou. Nay 16.-By a decisive vote
r--ate went on record to-day IN favor
- =. .S+aill sl7ment OF a United States
~ commerce, with exclusive original
s-.:c,;on over appeals from decisions Of
'.-.srstate Commerce Commission.
MEMORIALS were united in their op-
.s,,on TO the new court, but the tnsur-
--e-e able 10 deliver only eight votes
he Cummins amendment to strike out
sections OF the bill creating the new
when this amendment had been de-
8 10 Is. Senator Bacon offered an
! s-,ent substituting the Circuit Court
.-,esls Tor the commerce court This
-7sed down without rollcall, and Mr..
-,izs then offered q second amendment
s7,nr mat the new court should consist
.L-.a instead OF FIVE judges. This was
-r-ted. s. TO -
.-.r,uch Is the House bin provides for
-. OF commerce, il is now settled that
ADMINISTRATION railroad bill viii carry
=. statutes this important legislation,
- lies close 10 the heart Of the Presi-
- The President regards the establish
- IF q commerce court as one CT the
= sslutary and fareaching features of
--rrE
=. commerce Law. He discussed this
| rss,, At length IN has special message
/ Il poiated out the supreme Importance to
/ ..,-ssrs OF having the courts pass upon
- complaints as speedily as the circun-
| --rnes would permit
i z7s- Is most desired. the President said.
..,- 20. uniformity Of decision be secured
70 bring about an effective, systematic
- scientific enforcement OF the commerce
g rather than conflicting decisions and
-,e--sinry CT fnsl result
Composition of Court.
Tie new, court is to be composed Of five
-.,ss 70 he designated and assigned from
- 70 time BY the Chief Justice OF the
--its5 States from among the circuit
ssEss for z period Of five years. In the
az instance the court Is TO be composed
sve additional circuit judges to be ap-
,.-tsa ~ the President. and TO be de-
.rs-Ad by him 70 serve for one, two,
.-ss four and five years, respectively.
i.,sr 1gs. 10 circuit 3udge shall be redes-
-sted 70 serve OF the new court until
~ ezuiration Of a. least one year after
* explratton OF the period Of his last
-svtous designation. During the period OF
4s.- service n the Commerce Court the
r---it 5udzss are 70 receive an additional
rosase allowance OF 5000 each, Per an
I'm The court Is TO have headquarters
+ Washington. and shall always be open
n the transaction Of business"
FIR the expedition of the work Of the
r--t and Tor the avoidance Of undue e2-
,s7ss o. inconvenience TO suffers, provision
\ MADE tor holding sessions II such dit
trent parts OF tie United States as may
= found desirable An appeal 70 the ST.
-zne Court may BE taken from z finding
d the Commerce Court by the aggrieved
rs-ty within sixty days after the final entry
q Judgment or decree.
scee-hes against the new court we're
es6s today by Senator's Cuunins, Borah,
CARP ard Beverage. Their speeches We're
l-s--1rpted BY Senator Stone, who contrib
-ss humorous address on the deplorahle
alton OF the majority party IN the Sen
re Ee u-edictsd the overthrow Of the reg
rs-s By the insurgents ana suggested that
vas Z striking fact that Senator Aldrich
ri his crew surrendered their opposition
to ne long and short haul clause on Fri
isy. the 18th.
me critics Ct the Commerce Court n
z-ztss -hev were not fighting II because II
vss rs-r Of the administration programme
Thzr oppossron. they declared, was based
cn tie proposition that II was q waste OF
rnorev 70 establish z new court, inasmucn
IS tae courts as now constituted are able
to dispose OF railroad litigation with reason
sals expedition.
he following Republicans voted for the
Cummins amendment 10 strike out me
Commerce Court sections; Senator's BeF-
e1dge, Borah. Bristow. Clapp Crawford
Cu,nr1ins. Deliver and La Toilette The
sane Republicans voted for the CUmmi1ls
amendment to tx the membership Of the
g9url 81 three instead Of five. and on TINS
gafs Senator Bourne Joined them.
When the Senate met At Il O'Clock TINS
1oTling Senator Johnston was the only
senator On the floor. IN the absence OF the
ioe-PTosidenr the Senate was called to
o7dtr by Senator Frye. Mr.. Johnston did
Lot appreciate his loneliness, and called
attention 10 the fact that the Senator's
rAo had been most active II demanding
hat TIE Senate meet Al instead of L
O'clock, We conspicuous by their absence
--4lfE1 -EeItlIlt Tie EitlAs2A1 -At~CN
&c usual hour Of L O'Clock = call for
qloru-n brought in many absegtees, and
AZ Jobnstol's motion was adopted, . TO 2.
late ia the afternoon Mr.. Cummins Of
l-Isd an amendment to strike out the pro-
'sion which vests in the Attorney General
20 control OF the interests OF the govern
.'sh' IN proceedings before the Commerce
,t ana the Supreme Court on appeal
vas arguing thot the lawyers for the
,A'sTstste Commerce Commission should
- Y charge Of these proceedings. and indi-
s. that he desired that consideration OF
ensndment should be deferred until
io-norroz-.
4s-or Elkins wanted the debate to 20
-or an hour longer, and Mr.. Cummins
!, r'so that be could talk until O'Clock,
--'sssry- At this point Mr.. EIkins in
p'.eo motion that the Senate meet at
19cE tomorrow. When this had been
Air. Aldrich moved an adjournment