The Miller press. [volume] (Miller, S.D.) 190?-current, 1910-01-13

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mate Combinations of Capital.
Washington. lam. Needed legislation
and the control of trusts formed the sub
Ject of President Taft's special message
to congress. The president calls atten-
ton to the partial failure of the present
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.
TIL message says:
1T would not be proper to attempt to
deprive any corporation of the right to
the review by a court of any order or de-
cree which, II undisturbed, would rob 1t
of a reasonable return upon its invest
ment or would subject II to burdens
which would unjustly discriminate
against 1t and in favor of other carriers
similarly situated. What is, however, of
supreme Importance is that the decision
or such questions shall be as speedy as
the nature Of the circumstances will adj
NIT, and that a uniformity OF decision be
secured SO as to bring about an effec-
tive, systematic and scientific enforce
ment of the comerce law, rather than
conflicting decisions and uncertainty Of
nnal result.
Recommends "Court Of Commerce."
For this purpose l recommend the es-
adjustment of a court of the United
States composed of five judges desig-
mated for such purpose from among the
circuit judges of the United States, to
be known as the United States court
Of commerce. which court shall be
clothed with exclusive original jurisdic-
ton over the following classes OF cases:
I'D All cases for the enforcement, 9TH
erwise than by ajudication and collec-
ton, of a forfeiture or penalty, or by in
fiction OF criminal punishment, of any
order of the interstate m COM
mission other than for the payment Of
money.
aside annnl nr GlSnanI anU orIar or
requirement of the interstate
commission.
90 All such cases as under section 8
of the act of February 10, 1903, known
as the 'Elkins act, are authorized to be
maintained in a circuit court of the Uni
ted States.
80 All such mandamus proceedings as
under the provisions OF section 20 or sec
ton % of the interstate m law
are authorized to be maintained in a cir
cult court of the United States.
Reasons precisely analogous to those
which induced the congress to create the
court of customs appeals by the provi-
sions in the tariff act of August 5. 1909.
may be urged in support of the creation
Of the court.
I'm order to provide a sufficient num-
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 OF
appointment, might be distributed to
those circuits where there is at the pres
ent 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 when
the business of the court of
does not require the services of all the
Judges to reassign the judges designated
to that court to the circuits to which
they respectively belong; and it should
also provide for payment to such judges
while sitting by assignment in the court
OF of such additional amount
as is necessary to bring their annual
compensation up to i 1000. b.
Only Second to Supreme Court.
THE regular sessions Of such court
should be held at the capitol, but it
should be empowered to hold sessions in
found desirable; and it's orders and judg-
ments should be made final, subject only
to review by the supreme court of the
United States, with the provision that
the operation OF the decree appealed from
shall not be stayed unless the supreme
court shall so order. The court
should be empowered in its discretion to
restrain or suspend the operation of an
order of the interstate commis-
sion under review pending the final hear
ing and determination of the proceeding,
but nc such restraining order should DE
made except upo notice and afetr hear
Ing, unless in cases where irreparable
damage would otherwise ensue to the pc
tftioner. A Judge of that court might
be empowered to allow q stay of the
commissions order for a period Of not
more than 60 days, but pending applica-
UOn 10 the court OF lS Or0er or ln1unC-
ton, then only where his order shall con-
tain a specific finding based upon EVIL
dence submitted to the judge making the
order and Identified by reference thereto
that such irreparable damage would re-
sSit TO the petitioner. specifying the ma
ture of the damage"
"Under the existing law the interstate
commission itself initiates and
defends litigation in the courts for the
enforcement, or in the defense of its or
ders and DEGREES, and for this purpose 1t
employs attorneys, who, while subject to
the control of the attorney general, act
upon the Initiative and under the instruc-
lions of the commission. This blending
Of administrative, legislative and judi
impair the efficiency of the commission
by clothing II with partisan Characters
tics and robbing 1t of the impartial judi
cial attitude IT should occupy In pass
my opinion all litigation affecting the
government should be under the direct
control of the department of Justice; and
I therefore recommend that all proceed
ings affecting orders and DEGREES OF the
interstate commission be
brought by or against the United States
assistant attorney general acting under
the direction of the attorney general"
Would Permit Agreements.
Coming to the subject OF railroad pools
and traffic agreements. the president
avs: ,ooo
pressed the belief that the interstate
law should be further amend
ed so as to give the railroads the right
to make any public traffic agreements
sion, but maintaining always the prin-
ciple of competition between naturally
competing lines, and avoiding the COM
mon control of such lines by any means
I'm view of the complete control over