Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1910-01-13


mate Combinations of Capital.
Washington, Jan. NEEDED legislation
concerning the interstate m 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
law to get results because of
the frequent appeals from its decisions
to federal courts and the lowness of the
supreme court in deciding these cases.
The message says:
1T would not be proper to attempt to
deprive any corporation Of the right to
$he review by a court of any order or de-
cree which, If undisturbed, would rob it
of a reasonable return upon its invest
ment or would subject it to burdens
which would u~njustly discriminate
against 1t and in favor of other carriers
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 adj
init, and hat 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
final result,
Recommends "Court Of Commerce"
For this purpose I recommend the es-
tablishment 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 iurisdic-
ton over the following classes of cases:
I'D All cases for the enforcement, 9TH
erwise than by ADJUDICATION and collec-
ton, of a forfeiture or penalty, or by in
Fiction of criminal punishment, of any
order of the Interstate COM
mission other than for the payment of
money.
"() All cases brought to enjoin, set
aside, nnu or suspend any order or
requirement of the interstate commerce
commission.
20 All such cases as under section 8
OF the act of February -, 1903, known
as the 'Elkins act are authorized to be
maintained in a circuit court of the Uni
ted States.
40 All such mandamus proceedings as
under the provisions OF section ~ or sec
ton % 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 tariff act of August s, 1909,
may be urged in support of the creation
of the commerce court.
TN order to provide a sufficient num-
Der of judges to enable his court to be
constituted it 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 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
| 1lgn nroviIp for a N111ar1t tn G11Ph i1IupS
while sitting by assignment in the court
of of such additional amount
as Ia necessary to bring their annual
compensation up to 10000.
Only Second to Supreme Court.
1.-THE regular sessions of such court
should be held at the capitol, but it
should be empowered to hold sessions in
different parts of the United States if
found desirable; and its orders and judg-
nen 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 commerce court
should be empowered in its discretion tc
restrain or suspend the operation of ar
order of the interstate 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 ana afetr hear.
ing, unless in cases where ~irreparablt
damage would otherwise ensue to the pc,
titioner. a judge of that court might
, : empowered to allow a stay of the
commissions order for a period of no
more than so days, but pending applica,
ton to the court Of its order or injunc,
ton, then only where his order shall con
tain a specific finding based upon evi
denCe submitted to the Judge making thu
order and identified by reference thereto
that such irreparable damage would re
suit to the petitioner. specifying the ma
ture of the damage"
Under the existing law the interstate
commerce commission itself initiates an
defends litigation in the courts for TIL
enforcement, or in the defense of Its or
ders and DEGREES, and for this purpose /
employs attorneys, who, while subject t
the control of the attorney general, &C
upon the initiative and under the ~instruc
tons of the commission. This blending
of administrative, legislative and judi
cial functions tends, in my opinion, t
impair the efficiency of the commissio
by clothing 1t with partisan characters
tics INT robbing it Of the impartial judi
cial attitude 1t should occupy in pass
ing upon. questions submitted to 1t. |
my opinion all litigation affecting tn
government should be under the direC
control Of the department of justice; an
l therefore recommend that all proceed
ings affecting orders and DEGREES of tn
interstate commission b
brought by or against the United State
go nomine, and be placed in charge of a
assistant attorney general acting unde
the direction of the attorney general"
Would Permit Agreements.
Coming to the subject Of railroad poo
and traffic agreements, the preside1
says:
'The Republican platform of 1908 e.
pressed the belief that the interstat
commerce law should be further amend
ed so as to give the railroads the rigl
to make any public traffic agreemen
subject to the approval of the commi
sion, but maintaining always the pril
ciple of competition between natural
competing lines, and avoiding the con
mon control of such lines by any meal
whatsoever.
I'm view Of the complete control ovJ