Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-01-07
result. nn"
U. S. COURT OF COMMERCE

circuit court Judges of the limited
SS.a.es' TO be known as the United
sh'W court OF commerce. which cour
snail be clothed with exclusive origina
jurisdiction over the folIowinr clssse.
of cases: eiaSse
" All cases for the enforcement
ulnerwlse than by adjudicat'o on and col
iection Of forfeiture or penalty O,
ny inliction Of criminal punishment OF
an order OF the interstate commcrce
commission other than for the nov.
Plent of money. Peg
~ All cases brought to enjoin. Sc,
asiue. ahnul or suspend any order OF
requirement OF the Interstate commerce
| commission,
~ All such cases as, under sec, :
~ ~ 'ne s,,! act oil Feb l9. 1902. known as
.he ElklnS act, are authorized to he
maintained in a circuit court of the
United States. INC
| w Ali such mandamus proceedings
as, unuer the provisions of sec. 20 or
sec 70 OF the Interstate commerce law
@ie 80. au.iiorized TO be maintained in a
circuit court of the United States.
Reasons specially analogous to those
| %hieh Induced the Congress to create
the court of customs appeals by the
provisions In the tariff act of Aug.
., lsos may be urged in support OF the
creation OF the commerce court
IN order to provide a sufficient num-
DC constituted, 1t Will be necessary TO
authorize the appointment of FIVE ad-
uitional circuit judges, who. for the
purpose OF appointment might be dis
trlputed to those circuits where thera
IS at the present time the largest vol
o uino OF business, such as the second,
thlrd, fourth. seventh and eighth cir
cults.
Inc act should empower the chief
Justice at any time when the business
vi the court of commerce does not re-
qulre the services OF all the Judges To
re-asslgn the judges designated to that
court 10 the circuits to which they
respectively belong; and 1t 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 The
regular sessions of such court should
De held at the capital, but it should
DC empowered to hold sessions in dif-
Ierent parts of the United States if
found desirable; and its orders and
Judgments should be made final, sub
Ject only to review by the supreme
court OF the United States with the
provision that the operation of the de-
cree appealed from shall not be stayed
unless the supreme court shall SO order
Inc commerce court should be em-
powered in its discretion to restrain or
suspend the operation of an order Of
the interstate commerce commission
under review pending the final hearing
and determination of the proceeding.
put no such restraining order should
De made except upon notice and after
nearing, unless in cases where irrepar-
able damage would otherwise ensue to
the petitioner. A judge of that court
might be empowered to allow a stay
OF the commissions order for a period
OF not more than 50 days, but pend
ing application to the court for its order
or injunction, then only where his order
shall contain a specific finding based
upon evidence. submitted to the Judge
making the order and Identified by
reference thereto. that such irreparable
damage would result to the petitioner
specifying the nature of the damage.
WHAT HURTS COMMISSION.
Under the existing law the interstate
commerce commission itself initiates
and defends litigation in the courts for
the Enforcement, or in the defense of,
its orders and DEGREES. and for this
purpose 1t employs attorneys who,
while subject to the control OF the at
torney-general, act upon the initiative
and under the instructions OF the COM
mission. This blending of administra-
tive. legislative and judicial functions
tends, In my opinion, to impair the
efficiency of the commission by cloth
ing it with partisan characteristics and
robbing 1t OF the impartial judicial at
titude it should occupy in passing upon
questions submitted to do. In my
opinion all litigation affecting the gov
ernment should be under the direct con-
troll of the department of justice. and
I, therefore. recommend that all pro-
ceedings affecting orders and DEGREES
of the interstate commerce commission
be brought by or against the United
States co nomine. and be placed In
charge of an assistant attorney-general
acting under the direction of the at
torney general.
The subject of agreements between
carriers with respect to rates has been
often discussed in Congress- Pooling
arrangements and agreements were
condemned by the general sentiment OF
the people and under the Sherman
antitrust law. any agreement between
carriers operating in restraint of in
terstate or international trade or COM
merce would be unlawful. The Repub-
lican platform of 1908 expressed the be-
lief that the interstate commerce law
should be further amended so as to
give the railroads the right to make
and publish traffic agreements subject
to the approval of the commission. but
maintaining always the principle of
competition between naturally compel
Ing lines and avoiding the common con-
troll of such lines by any means what
Soeyer-
RATE MAKING CONTROL.
In view of the complete control over
rate making and other practiscs of in
terstate carriers established by the
acts of Congress and as recommended
in this communication. 1 see no reason
why agreements between carriers. sub
1ect to the act. specifying the classin-
cations of freight and the rates, fares
and charges for transportation of pas
sengers and freight which they may
agree to establish. should not be per.
mitted provided copies of such agree
ments be promptly filed with the COM
mission, but subject to all the pro-
Visions Of the interstate commerce. act
and subject to the right of any parties
to such agreement to cancel 1t as to all
or any Of the agreed rates. fares.
charges. or class.fications by 80 days
notice I'm writing to the other parties
and to the commission.
Much complaint is made by shippers
over the state OF the law under which
they are held bound to know the legal
rate applicable to any proposed ship
ment without, as matter of fact. hav-
Ing any certain means of actually as
certa!ning such rate. 1t has been sug-
cested that, to meet this grievance,
carriers should be required, upon appli-
cation by a shipper, TO quote the legal
..,~;tion ap1 fhof 1,a chI0por