Ottumwa tri-weekly courier., 1910-01-08

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the judges to re-assign the judges des-
lgnated to that court to the circuits to
which they respectively belong; and
1t should also provide for payment to
such Judges while sitting by assign
ment in the court of commerce such
additional 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
| 1t should be empowered to hold ses-
sions in different parts of the United
States II found desirable;, and it's or
ders and judgments should be, made
final, subject only to review by the
supreme court Of the United States
! with ,ths provision that the operation
Of the decree appealed from shall not
be stayed unless the supreme court
shall SO order The commerce court
should be empowered in it's discretion
to restrain or suspend the operation of
an order of the interstate commerce
commission under review pending the
I, final hearing and determination of
| the proceeding, but no such restrain
ling order should be made except upon
notice and after hearing, unless in
cases where irreparable damage would
otherwise ensue to the petitioner. A
judge of that court might be empow-
cred to allow a stay of the commits
sfon's order for a period of not more
than sixty days, but pending applica-
! tion, to the court for its order or in
| iunOfihn thnn mix 11,ha hi
shall contain a specific finding based
upon evidence submitted to the Judge
making the order and identified by ref
erence thereto, that such irreparable
damage would result to the petitioner,
specifying the nature OF the damage.
Under the existing law, the inter
state commerce commission itself init
iates and defends litigation in the
courts for the enforcement, or in the
defense, of its orders and DEGREES.
In my opinion all litigation affecting
the government should be under the
direct control of the department of JUS
tice; and therefore recommend that
all proceedings affecting orders and
DEGREES of the interstate commerce
commission be brought by or against
the United States Eo Nomine, and be
placed in charge of an assistant attor-
ney general, acting under the direc-
ton of the attorney, general.
Provisions on Rate Agreements.
In view of the complete control over
rate making and other practices of
interstate carriers established by the
acts of congress and as recommended
in this communication, | see no reason
why agreements between carriers SUBJ
1ect to the act, specifying the classi-
fications of freight and the rates, fares
and charges for transportation OF
passengers and freight which they
may agree to establish, should not be
permitted, provided copies of such
agreements be promptly filed with the
| commission, but subject to all
the provisions of the interstate
commerce act, and subject to
the right Of any parties to such
agreement to cancel it as to all or any
of the agreed rates, fares. charges, or
classifcations by thirty days notice
in writing to the other parties and to
the commission.
Gives Commission lnitiatory Powers.
Under the existing law the commits
sion can only act with respect to an
alleged excessive rate or unduly
discriminatory practice by carrier
on complaint made by some indi-
vidual affected thereby. see no rea-
son why the commission should not be
authorized to act on its own initiative
as we'll as upon the complaint Of an
individual in Investigating the fairness
of any existing rate or practice, and
recommend the amendment of the
law to so provide, and also that the
commission shall be fully empowered
beyond any question, to pass upon the
classif1cations of commodities for pur-
poses of fixing rates, in like manner
as it may now do with respect to the
maximum rate applicable to any trans
portation
Jurisdiction Over Rate Increases.
Under the existing law the commits
sion may not investigate an increase
come effective. 1t has, therefore, been
suggested that the commission should
be empowered. whenever proposed
increase in rates is filed, at once to
enter upon an investigation of the
reasonableness of the increase and to
make an order postponing the effective
date of such increase until after such
investigation shall be completed.
therefore recommend that the
interstate commerce commission be
empowered whenever any proposed in
crease of rates is filed, at once, either
on complaint or of it's own motion, TO
enter upon an investigation into the
reasonableness of such change, and
that it be further empowered, in it's
discretion, to pastpone the effective
date OF, such proposed increase for a
period. not exceeding sixty days be-
yond the date when such rate would
take effect. If within this time it shall
determine that such increase is I'M
reasonable, it may then, by its order,
either forbid the increase at all or
fix the maximum beyond which it
shall not be made. If, on the other
hand, at the expiration of this time,
the commission shall not have COM
pleted its investigation, then the rate
shall take effect precisely as it would
under the existing law, and the COM
mission may continue it's investigation
with such results as might be realized
under the law as it now stands.