The Cairo bulletin., 1910-01-08
FEDERAL INCORPORATION
FOR REGULATING TRUSTS
Also to Protect Them From Unfair Legislation by
States---Shippers to Have Legal Rates on
Application Also Privilege Of Routing
Freght---to Prohibit Pooling Ar
rangements

collection OF a forfeiture or penalty,
or by infiiction Of criminal punish.
: mant. of an order OF the Interstate
Commerce Commission other than
for the payment of money.
(2l All cases brought to enioin,
, set aside. annuI or suspend any or
der or requirement of the Interstate
Commerce Commission.
(3l All such cases as under sec
ton of the act of Feb. 10, 1898
known as the "Elkins act" are au-
thorized to be maintained III circuit
court OF the United States.
d All such aiandamus proceed
ings as under the provisions of sec
tion 20 or section 23 of the Interstate
Commerce law are authorized to be
maintained in a circuit court of the
United States.
Reasons precisely analogous to
those which induced the congress to
create the court Of customs appeals
by the provisions in the tariff act of
Aug. 3, 1909, may be urged in support
OF the creation of the commerce
In order to provide a sufficient
number of judges to enable this court
TO be constituted, it will be necessary
to authorize the appointment Of five
additional circuit judges, who for the
purposes of appointment, might be
distributed to those circuits where
there is at the present time the lars
est volume of business, such as the
second, third, fourth, seventh. and
eighth circuits.
Pooling Arrangements.
The subject of agreements between
the carriers with respect to rates has
often been discussed in congress.
Pooling arrangements and agree
ments were condemned by the gen
eral sentiment of the people, and, un-
der the Sherman antitrust law, any
agreement between carriers operating
in restraint of Interstate or inter.
national trade or commerce would be
unlawful. The Republican platform of
1908 expressed the belief that the
Interstate Commerce Law should be
further amended so as to give the
railroads the right to make and pub
lish traffic agreements subject to the
approval of the commission, but main
tanning always the principle of COM
petition between naturally competing
lines and avoiding the common con
troll of such lines by any means what,
soever. In view of the complete con.
troll over rate-making and other prac-
tices of interstate carriers established
by the acts Of congress and as rec
commended in this communication,
see no reason why agreements be.
tween carriers subject to the
act specifying the classfcations OF
freight and the rates, fares and
charges for transportation of passen.
gers and freight which they may
agree to establish. should not be per
mitted. provided, copies of such
agreements be promptly filed with the
commission. but subject to eli 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 classifications by
thirty DAYS notice in writing to the
other parties and to the commission,
Injustice to Shippers.
Much complaint Is made by ship
pers over the state Of the law under
which they are held bound to know
the legal rate applicable to any pro
posed shipment, without, as matter
Of fact having any certain means of
actually asceftalning such rate. 1t
has been suggested that to meet this
grievance carriers should be required,
upon application by a shipper. to
onote tie legal rate In writing. and
that the shipper should be protected
sCantlnuet, nn Second Pager