Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-01-08

! feet; and as the application may he
made to a court in any district of
! the United States, not only does de-
lay result in the enforcement OF the
order, but great uncertainty is caus-
ed by contrariety of decision, The
question presented by these applica-
tions are too often technical in their
character and require a knowledge
OF the business and the mastery Of
a great volume of conflicting evidence
which Us tedious to examine and troub-
qesone to comprehend. 1t would not
lbe proper to attempt to deprive any
corporation of the right to the reviews
by a court of any order or decree,
which, if undsturbed, would rob it
of "a reasonable return upon its in
vestment or would subject it to bur.
dens which would unjustly discrim-
mate against it and in favor of other
carriers similarly situated.
Speedy Decision Wanted.
What Is, however, of the supreme
Importance is that the decision Of
such questions shall be as speedy as
the nature of the circumstances will
admit, and that a uniformity of de-
cision be secured 50 as to bring about
an effective, systematic and scientific
enforcement of the commerce law,
rather than conflicting decisions and
uncertainty of final result.
For this purpose recommend the
establishment Of a court of the United
States composed OF five judges of
the United States, to be known as
the Omitted States Court of Com
merce," which court shall he clothed
with exclusive, original jurisdiction
over the following classes Of cases:
1. All cases for the enforcement,
otherwise than by adjudication ami
collection of a forfeiture or penalty,
or. by infliction of criminal punishment
Of an order of the Interstate Com
merce Commission other than for the
payment Of money.
2. All cases brought to enjoin, set
aside, annul or suspend amy order or
requirement Of the Interstate Com
merce Commission.
3. All such cases as under section
3 of the act of February 10, 1903,
known as the 'Elkins act," are author
lied to be maintained in circuit
court of the United States.
4. ALI such mandamus proceedings
as under the provisions of section 20
or section 23 of the Interstate Com
merce law are authorized to be main.
tained in a circuit court of the Unit
ed States.
Reasons precisely analogous to
these which induced the congress to
create the court of customs appeals
by the provisions in the tariff act of
August 5, 1909, may be urged in sup
port of the creation of the commerce
court,
New Court Recommended.
In order to provide a sufficient num-
ber 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 /
purpose Of appointment, might be
to those circuits where
there is at the present time the larg-
est volume of business, such as the |
second, third, fourth. seventh and |
eighth circuits. The acts should en-
power the chief justice at any time
when the business of the court of !
commerce does not require the servi-
ces of all the judges, to reeassign the
Judges designated to that court to
The circuits to which they respective
" belong; and it should also provide
For payment to such judges while sit