The Hickman courier. [volume] (Hickman, Ky.) 1859-current, 1910-01-20

Executive Also Urges Federal In.
eo,oora,ion Statute to Suppress
A,uses and Not to Destroy LesItI-
at. Combinations Of Capital
,,..,,, Ian. T--Nceded legislation
"trr tbe Interstate commerce law
tt ,ra control ~ trusts formed the sub
I'd President TaftH special message
fl'1,rass The president calls atten-
he martial failure Of the present
u. .u lsw 10 get results because OF
~, frs1Icnt appeals from Us decisions
y. federal courts and The slow iHsa o. the
H.. .,, ~ g,6sif not be- PROPER TO st,emp, TO
..,,,r any corporation OF the right 20
| NJ review BY a court on any oriei ot ue.
~. rslaouabls return upon Its tnNest-
..t or would subject u 20 burdens
Nm would uniustly discriminate
s,.tr,t 70 and In favor OF other carriers
$685. sIiuatcd What h. however OF
,.-Ie Importance II that the decision
Fsl.h questions shall be as speedy -
N. rlturr ~ the circumstances VIII al
ID and that uniformity OF decision be
..a,,f - a. 60 bring about an encc-
nj. srsfsmatic and scientific enforce
s.-t IN tho comcrce law, rather than
ecrdi-ilnr decisions and uncertainty OF
fnal result
EerHmmFnQN 10uNt w S1fWtNtNN's
FOR this purpose ! recommend the 81,
Sst.s composed 81 I'VE judges deaig-
,afsd Tor such purpose from among the
srcuit Judges % the United states. 20
" tnown as the United states court
- Sommsfrs. which court shall be
,isthsd With exclusive original turiadic-
don over tho following classes or cases;
20 Al cases Tor the enforcement 9th
,rxi~ than ~ APPLICATION and collec-
don Of a forfeiture or penalty. or by In
Action % criminal punishment. OF any
srser of tho Interstate commerce. COM
rI.sion ether than for the payment OF
~,a' An cases brought 10 enjoin. set
,.tse snnul or suspend any order or
requirement Of the intersiats commerce
20 All such case. a. under section .
A, he at ~ February 10. lta known
a. he 'Eklns act are authorized 20 be
rsiniaIned In a circuit court OF the Unit
~ An such mAndamus proceedings as
tndsf the provisions % section - OF sec
uoa 2 ~ the interstats comncrcs law
are authorized 20 be maintained In q cir
eur court ~ the United states.
Reasons precisely analogous 20 those
thrh Induced the congress 10 create the
r'ur o. customs appeals BY the provi-
Sons IN the tarin act % August g. 1913.
nav be- urged In support OF the creation
q the commerce court
In order 20 provide a sufficient nam
W. u Judges % enable this court 20 be
constituted II Will he necessary 60 author
10 n. appointment % ave additional
drrut Judges. who. for the purposes OF
sprnintmrnt might be distributed TO
stt tine the largest volume 81 business
,lrh as the second third. fourth. seventh
tnf eighth circuits. The act should EN-
poser the chief Justice AZ any time when
ihs business ~ the court Of commerce
eos not require the services OF all tho
ildres 10 reassign the Judges designated
. that court 90 the circuits 20 which
tso provide for payment 90 such judges
ttls sittng hy assignment IN the court
commerce % such additional amount
IL necessary 20 bring their annual
compeusation W 10 ,i00o.
Only Second 10 Supreme Court.
The regular sessions OF such court
should b. empowered 10 hold sessions In
tferrnt parts Of the United States II
iouni desirable. and its orders and judg-
h'ns should be- made final. subject only
% review by the supreme court OF the
lhied States. with the provision that
~ operation ~ the decree appealed from
mai not be stayed unless the supreme
'oufi shall 20 order The commerce court
should be empowered in IT, discretion 60
restrain or suspend tho operation 81 an
af1et NJ The Interstate commerce commits
.on under review pending tho nhal hear
ht ani determination Of the proceeding
~ no such restraining order should be
h-le except upon notice and nfotr hear
s unless IN cases where irroparahle
s.lAge would otherwise ensue 90 the pc
uuonef Judge OF that court might
empowered 90 allow a stay OF the
49, ', ,i.n order for period OF not
a.te nan 90 days. hut pending applica-
.on 70 ihe court o. Us order or inlunc-
Won. then only where his order shall con-
Nn spr lnc finding based upon evil
800 submitted 90 the Judge making the
,ttl,t ahi Identified by reference thereto
Inai such irrcparahle damage would re-
,n 10 ne petitioner. specifying the ma
lQfe ~ The damage"
Under tho existing law the Interstate
$780, commission itself initiates and
gehls litigation In the courts for the
IoI-ement, or In the defense Of Its or
~. ana decrees. and for this purpose ~
~ .la attorneys who. while subject 10
w control OF the attorney general act
won ne Initiative and under the instruc-
11e or The commission This blending
W.. administrative. legislative and judi
lnn,i,u ions tends. In my opinion. 60
ololhlng u with partisan characteris-
~, anl rohhlng u % the impartial Judi
rs attitude ~ should occupy in pass
nv AKIN opl1,o9 questions submitted 70 Il. In
son,einment should be under the direct
t'uuIol or the department OF Justice: and
i,'t.iote recommend that all proceed
ssrsiais n So1 1Tdsrs and decr.ss OF the
ousht by or against the United States
.,,I.,nnlne. and be placed In charge OF an
M am attorney general acting under
"" direction ~ the attorney general"
Would Permit Agreements.
a., SSG"lng 20 the subject OF railroad pools
nv, Uamc agreements. the president
ne Republican platform OF ia0S ex-
el The belief that the Interstate
5"lh'rce law should be further amend
M M 10 give the railroads the right
,htsAe any public trafic agreements
ron 70 ihe approval OF the commits
cnis ~ maintaining always the prin-
sorD on competition between naturally
nan sunk limos, and avoiding the COM
s,,onlrol Of such lines by any means
IN View Of tho complete control over