The state herald., 1910-01-14


Abuses and Not to Destroy Lesiti.
mate Combinations Of Capital.
Washington, Jan. Needed legislation
concerning the Interstate commerce law
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.
Tho message says:
TT would not be proper to attempt to
deprive any corporation of the right to
cree which, II undisturbed. would rob 1t
of reasonable return upon its invest
ment or would subject 1t TO burdens
which would unjustly discriminate
similarly situated What is, however, OF
supreme Importance Is that the decision
of such questions shall be as speedy as
the nature of the circumstances will ad-
init, and that n 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
final result.
Recommends "Court of Commerce"
For this purpose l recommend the es-
adjustment of a court of the United
States composed of five Judges dcsig-
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:
% All cases for the enforcement. 9TH
erwisc than by aiudication and collec-
ton. of a forfeiture or penalty. or by In
Fiction Of criminal punishment. of any
order OF the Interstate commerce COM
mission other than for the payment OF
"(9 An cases brought to enjoin. set
aside, nnnul or suspend any order or
requirement OF the Interstate commerce
commission.
'(D All such cases as under section =
OF the act of February 10, 1903 known
as the 'Ell<ins act are authorized to ne
maintained In a circuit court of the Uni
ted States.
10 All such mandamus proceedings as
under the provisions of section 20 or see
ton q OF the Interstate commerce 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 tarin act OF August s. 1904
may be urged in support OF the creation
OF tho commerce court.
In order to provide sufficient num-
Der OF Judges TO enable this court 10 be
constituted II VIII be necessary TO author
lie the appointment OF 1--WE additional
circuit Judges, who. for the purposes OF
appointment. might be distributed 10
those circuits where there IL nj the pres
ent time the largest volume OF business
such us the second. third. fourth. seventh
and eighth circuits. The act should en-
power the chief Justice Mt any time when
tho business OF the court OF commerce
does not require the services Of all the
Judges To rcassign the Judges designated
TO that court to the circuits to which
they respectively belong: and II should
also provide for payment TO such Judges
while sitting by assignment In the court
Of commerce OF such additional amount
rs ~ necessary TO bring their annual
compensation up to $1,000.
Only Second to Supreme Court.
The regular sessions OF such court
should be held at the capitol. but Il
should be empowered 10 hold sessions in
found desirable. and Its orders and iudg-
menu should be- made fnal. subject only
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 commerce court
should b" empowered In It's discretion to
restrain or suspend the operation Of an
order OF the Interstate commerce commits
sion under review pending the hnal hear
Ing and determination OF the proceeding.
but no such restraining order should be
made except upon notice and afcir hear
ing. unless IN cases where irrepnrabla
damage would otherwise enaue 10 the pc
iiuoncr, Judge Of that court might
be empowered To allow stay OF the
SS NOM ,san S SsS tSr psrSd Of not
,lon To the court of IT, order or lnlune-
tion, then only whore his order shall con.
tain a specific finding based upon cyi-
d"nce submitted 10 the Judge making the
order and Identified by reference thereto
that such lrrepnrahlc damage would re-.
snii To- ne petitioner, specifying the ma
Under the existing law the Interstate
commerce commission itself Initiates and
defends litigation In the courts for tho
enforcement. or In the defense ~ iH or
derH and drcrers, and for This purpose u
employs hiiornoyH who, Will" subject 60
. tho control uf the attorney general. act
upon the Initiative nnd under the lnriruc.
OF administrative. lsriHlntiv. and judi
.lal Junction. tends. IN my opinion 20
BY clothing 4 with partisan rhnWcisra.
tics aud fnhhing u of tho impartial iudl-
elnl attitude u should occupy In pass.
ing upon questions submitted 10 a. In
government should be- under the direct
control II the department Of justice. and
I therefore recommend that nll nrnrsrd-
inrH affecting orders ana DEGREES ~ tho
brought by or against tho Tinted states
81 nninno. and hr placed in charge ~ nm
the di-seiion Of the attorney general"
Would Permit Agreements.
Coming To the subject OF railroad pools
and iraifin agreements. the president
''rhe Republican platform of 1875 -.
pressed The belief that the Interstate
81 80 M 10 give tho railroads tho right
'n make any public irafilr agreements
subject 10 tho approval ~ the commits
sion. but maintaining always the prin.
ripie nf competition between naturally
competing tines. and avoiding the ratns
mon control ~ such Hines BY any means
In Wow OF tho complete control over