El Paso herald. (El Paso, Tex.) 1901-1931, 1910-04-04
SENATOR SPEAKsON
RAILROAD MEASURE
Advocates More Work for
the Court Of Commerce
to Be Created.

Washington, ID. c., April Present
ing number Of amendments to the
railroad bill, senator Crawford, Of South
Dakota, today addressed the senate on
that measure.
He found in the bill many provisions
which he endorsed, but urged numerous
changes in others The proposed court
Of commerce, he thought, would find
little TO do if its jurisdiction was limit
ed as at present proposed.
Il think, however," he said, that if
the bill We're so amended as to give
the proposed court exclusive original
jurisdiction to hear all cases brought
into the courts of the United States to
set aside, annul or suspend orders
made by boards of railroad commits
sioners Of the several states on the
ground that they are confiscatory, there
would be sufficient business TO justify
it and make it a useful branch of the
Judiciary.
Many Court Actions
Many cases of great Importance are
now brought in the circuit court of the
United States TO enjoin the enforce
ment of statutes of states and to annul
orders made by state boards or rail-
road commissioners, fixing maximum
rates for interstate traffic. I am In
formed by the attorney general Of
South Dakota that over 20 cases are
pending against that state and its Off
GERS in the circuit court of the United
States to .enjoin the enforcement Of
statutes and TO annul orders claimed
to be eonfiscatory in their effect Nu-
merOus actions of a similar character.
/ understand, are pending in the fed
eral court in other states
'Unseemly Sand disgracefu1 scran-
bIes occur in a mad race between this
contending parties when one side at
courts to enforce the statute of the
state. while the other attempts 10 invoke
the aid of federal court TO enjoin such
enforcemeRt-priority to time IN COM
mencing the suit 70 determine which
court shall retain Jurisdiction over the
subject matter.
Court of Commerce.
IF we are to create. court of COM
merce, I would give 1T exclusive juris-
diction over this class Of cases. except
that it would so limit the power OF
the court as to prohibit it from inter
fering with the enforcement of an exc
press and positive statute of state un-
til within reasonable time after such
statute goes into effect with a speci-
fic provision that in case suit Is conn
menced in a state court to enforce the
statute within a specified time after
it's enactment, the Jurisdiction of the
court of commerce shall not obtain. un-
til the suit brought in the state has
been finally disposed OF by the courts
of such state"
Mr.. Crawford presented an amend
ment carrying these suggestions into
effect, and another looking to such
modification OF the commodities clause
of the Hepburn law as would make
that provision conform TO the decision
of the supreme court, which held that it
does not prohibit q railroad company
from Transporting interstate commerce
articles mined, produced or owned by
bonafide corporation in which such rail-
road is stakeholder
Mr. Crawford declared his hearty APP
prevail of the sections of the bill re-
curing shippers TO supply written
statements Of rates: authorizing the in
terSta1e commerce commission 70 begin
proceedings upon its initiative and re-
curing detailed reports by common
carriers