The Hays free press. [volume] (Hays, Kan.) 1908-1924, 1910-01-15

Executive Also Urges Federal In
corporation Statute to Suppress
Abuses and Not to Destroy Legiti-
mate Combinations of Capital.
concerning the interstate commerce law
and the control of trusts formed the sub
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.
The message says:
lit would not be proper to attempt to
deprive any corporation of the right to
cree which un9istu ri any woT1d Tob u r.
of a reasonable return upon it's invest
ment or would subject it to burdens
against it and in favor of other carriers
similarly situated. What is, however, of
of such questions shall be speedy as
the nature of the circumstances will ad-
NIT, and that 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 1 recommend the es-
adjustment of a court of the United
states states c.. composed L'oS OF I'VE judges des tf
circuit judges of the United States, to
be known as the United States court
clothed with exclusive original jurisdic-
ton over the following classes of cases:
erwise than by ADJUDICATION and collec-
ton, of a forfeiture or penalty, or by in
order of the interstate commerce com
mission other than for the payment of
money.
''(2) All cases brought to enjoin, set
aside, annul suspend any order or
requirement of the Interstate commerce
go 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 circuit court of the Uni
ted States.
90 All such mandamus proceedings as
ton % of the interstate commerce law
are authorized to be maintained in 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 provt-
sions in the tariff act of August 5, 1909,
may be urged in support of the creation
of the commerce court.
I'm order to- provide a sufficient num-
Der of judges to enable this court to be
constituted it will be necessary to author
ize the. appointment of five additional
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 commerce
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 commerce of such additional amount
as is necessary to bring their annual
compensation up to $4,000.
Only Second to Supreme Court.
''The regular sessions of such court
no he a he n1 h11f
should be empowered to hold sessions in
different parts of the United States if
found desirable; and its orders and judg
ments should be made final, subject only
to review by the supreme court of the
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 commits
sion under review pending the final hear
ing and determination of the proceeding
but no such restraining order should be
made except upon notice and afetr hear
ing, unless in cases where irreparable
damage would otherwise ensue to the pc
tiuoner. A judge of that court might
be empowered to allow a stay of the
more than so days, but pending applica-
ton to the court of it's order or injunc-
ton, then only where his order shall con-
! tain a specific finding based upon evil
order and identified by reference thereto
! that such irreparable damage would re-
suit TO the petitioner. specifying the ma
! ture of the damage"
"Unde- the existing law the Interstate
! commerce commission itself initiates and
/ defends litigation in the courts for the
/ enforcement, or in the defense of it's or
| ders and DEGREES, and for this purpose it
employs attorneys, who. while subject to
the control of the attorney general, act
upon the initiative and under the instruc-
uonS of the commission. This blending
! of administrative, legislative and judi
cial functions tends. in my opinion. to
| impair the efficiency of the commission
! by clothing it with partisan chara cteris-
/ tics and robbing 1T of the impartial judi
! cial attitude it should occupy in pass
| ing upon questions submitted to it In
! government should be under the direct
| control of the department of justice; and
! therefore recommend that all proceed
| ings affecting orders and DEGREES of the
interstate commerce 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
1.-THE Republican platform of 1908 ex-
| pressed the belief that the interstate
| commerce law should be further amend
| ed so as to give the railroads the right
| to make any public traffic agreements
subject to the approval of the commits
sion, but maintaining always the prin-
ciple of competition between naturally
mon control of such lines by any means
! whatsoever.
I'm view of the complete control over