Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1910-01-14

'''pSHai Wouiu rlcdT Sa5eS HT'Si'Y
Under the Interstate Law--Chief
Executive Also Urges Federal In
corporation Statute to Suppress
Abuses and Not to Destroy Legiti-
mate Combinations of Capital.
Washington, Jan. 7.-Needed legislation
concerning the interstate commerce law
and the control of trusts formed the sub
tect of President TAfts special message
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:
at would not be proper to attempt TO
deprive. any corporation OF the. right to
the review by court of any order or de-
cree which, II undisturbed would rob 1t
of a reasonable return upon its invest
ment or would subject 1t to burdens
against it n and in favor Of other e'cer carriers
similarly situated What is. however, of
supreme Importance is that the decision
of such questions shall be speedy as
the nature of the circumstances will ad-
init, 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."
TOT lilS puTpOst L TeCOnillenu lHe eS-
States composed of FIVE judges desig
mated for such purpose from among the
circuit judges of the United Statos, to
be known the United States court
OF commerce which court shall be
clothed with exclusive original jurisdic-
tion over the following classes OF cases:
I'D All cases for the enforcement, 9TH
erwisc than by ajudication and collec-
Fiction of criminal punishment, of any
order or the interstate commerce COM
mission other than for the payment of
"i2l All cases brought to enjoin, set
aside, annul or suspend any order or
requirement of the interstate commerce
commission.
'(3l All such cases as under section 8
as the 'Eikins act are authorized to be m
ted States.
under the provisions of section 20 or Sec
ton Y 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
sions in this tariff act of August 5, 1903,
may ho urged in support of the creation
of tAe commerce court.
I'm order to provide sufficient num-
ber of judges TO enable this court TO be
constituted it will be necessary to author
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
they respectively belong; and it should
also provide for payment to such judges
OF commerce OF such additional amount
as is necessary to bring their annual
compensation up 20 10000
Only Second to Supreme Court.
THE regular sessions of such court
should be held at the capitol, but 1t
should be empowered to hold sessions in
different parts of the United States Il
found desirable; and its orders and judg-
ments should be made final subject only
to review by the supreme court of the
United States, with the provision that
shall not be stayed unless the supreme
court shall so order. The commerce court
should be empowered in its discretion 10
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 n cases where irrepa199le
titioner. Judge of that court might
be empowered to allow stay of the
more than 60 days, but pending applica-
ton to the court of its order or injunc-
ton. then only where his order shall con-
tain specific finding based upon evil
dencc submitted TO the judge making the
order and identified by reference thereto
that such irreparable damage would re-
suit to the petitioner: specifying the ma
''Under the existing law tho interstate
commerce commission itself initiates and
defends litigation in the courts for the
enforcement, or in the defense of its or.
ders and DEGREES, and for this purpose II
employs attorneys, who. while subject tc
the control of the attorney general, acl
upon the Initiative and under the instruc-
tons of the commission. This blending
of administrative. legislative and judi
cial functions tends. in my opinion, tC
impair the efficiency of the commission
by clothing II with partisan characteris
-. cial attitude 1t should occupy in pass
ing upon questions submitted to II. II
my opinien all litigation affecting tht
government should be under the direc
control OF the department of Justice ant
] therefore recommend that all proceed
ings affecting orders and DEGREES of tht
interstate commerce commission b,
co nomlne, and be placed in charge of al
assisiant attorney general acting undei
the dissection of the attorney general"
Would Permit Agreements.
Coming to the subject of railroad pools
and traffic agreements. the presden
"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 righ
TO make any public traffic agreement
sion, but maintaining always the prin
ciple of competition between naturall.
competing lines, and avoiding the com
mon. control OF such lines by any mean
whatsoever.