Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1910-01-13
SPECIAL MESSAGE TO
CONGRESS ON COMMERCE.,
concluded from page ~


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order Of the interstate commerce com
mission other than for the payment o.
money.
~ All cases brought to enJoin. Sel
aside, annul or suspend any order Of
requirement OF the interstate commerce
commission.
az All such cases as under section
Of the act OF February 10, 1908, known
as the "Elkins act" are authorized u
be maintained in q circuit court OF Tho
United States.
az All such mandamus proceeding
Is under the provisions Of section 20 OF
section % Of the interstate commerce
law are authorized to be maintained in
circuit court OF the United States.
Reasons precisely analogous TO those
which induced the congress to create tina
court OF customs appeals by the provl-
sions in the tariff act Of August s, 1909.
may be urged In support OF the creation
Of the commerce court.
In order to provide a suficient num-
Der Of judges to enable this court to DO
constituted II will be necessary to au-
thorize the appointment OF five add
tional circuit Judges. who, for the pur-
poses Of appointment, might be dlstrib-
Iited to those circuits where there Is at
the present time the largest volume or
business such as the second, third, fourth,
seventh and eighth circuits. The act
should empower the chief justice at any
time when the business OF the court or
commerce does not require the services
Of all the judges to reasslsn the Judges
designated to that court to the circuits
TO which they respectively belong and It
al M tn
such Judges while sitting by assignment
In the court OF commerce OF such addi-
tional amount as is necessary to bring
their annuol compensation up to $4,000.
Only Second to Supreme Court.
The regular sessions Of such court
should be held at the capitol, but II
should be empowered to hold sessions In
different parts OF the United States II
found desirable; and Its orders and Judg-
nents 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 aunless the SUI
preme court shall 80 order The COM
Inerce court should be empowered In It's
discretion to restrain or suspend the OPP
Grafton OF an order OF the Interstate COM
HGTCo CDlllIlbblOH ACNINW pShNhH
the final hearing and determination Of
the proceeding, but no such restraining
order should be made except upon no.
tlce and after hearing, unless In cases
where irreparable damage would other
wise snsue to the petitioner A judge
Of that court might be empowered to al
low d stay Of the commissions order FOR
a period of not more than 90 days, but
pending application to the court OF ~
order or Injunction, then only where his
order shall contain q specific finding
based upon evidence submitted to the
fudge making the order and identified BY
reference thereto that such irreparable
damage would result to the petitioner,
specifying the nature Of the damage.
Under the existing law, the interstate |
commerce commission itself initiates and
defends litigation In the courts for tho
enforceemnt, or in the defense OF Its Or
dors and DEGREES, and for this purpose Il
employs attorneys, who while subject 70
the control Of the attorney general. act
upon the initiative and under the instruc-
tinns Of the commission. This blending |
~ administrative, legislative and judi |
eial functions tends, In my opinion, to
impair the efficiency of the commission |
by clothing It with partisan characterls-
tics and robbing It Of the impartial judi
ciai attitude II should occupy In pass-
inK upon questions submitted to It. In |
INV opinion all litigation affecting the
government should be under the direct
Control Of the department Of justice; and
I therefore recommend that all proceed
inRs affecting orders and DEGREES OF the
interstate commerce commission DO
by or against the United States
10 nornine, and be placed in charge Of an
aseletant attorney-general acting under
Ehe direction Of the attorney general.
The subject Of agreemnts between car
-iers with respect to rates has been Oft
IN discussed in congress POOLING ar
langemonts and agreements were con-
lenned by the general sentiment OF the
,ebple, and, under the Sherman antttFnst
aw, any agreement between carriers oper-
ting in restraint Of Interstate Or inter-
,nfional trade or commerce would be
lY,lawful The Republican platform Of
s0g EXPRESSED the belief that the inter-
tate commerce law should be further
,monded SOFAS to give the railroads the
ight TO make any public traffic agree
nonts subject to the approval Of the
commission, but maintaining always the
,rlncipio Of competition between natural
y competing lines, and avoiding the
ommon control Of such lines BY any
means whatsoever
Would Permit Agreements.
In view Of the complete control over
ate making, and other practices Of In
erstate carriers established by the acts
I congress, and as recommended In this
see no reason why
greemnts between carriers subject to
he act, specifying the classihcations OF
reight and the rates, fares and charges
or transportation Of passengers and
reight which they may agree to estab-
sh, should not be permitted, provided,
oples Of such agreemnts be promptly
led with the commission, but subject to
n the provisions Of the interstate COM
1erce act, and subject to the right OF
nv parties to such agreemnt to cancel 1t
Z TO all or any Of the agreed rates,
ares. charges, or classihcations by 30
ays notice in writing to the other par
leo and to the commission
Much complaint IL made by shippers ..
yer the state, Of the law under which
hey are held bound to know the legal
ate applicable to any proposed shipment,
dthout as a matter OF fact, having any :
ertaln means OF actually ascertaining
UGH rate. II has been suggested that
meet this grievance carriers should be
aqulred, upon application by a shipper. :
, quote the legal rate In writing, and
hat the shipper should be protected In
citing upon the rate thus quoted; but /.
- -ohAsetion n this suggestion u that !
would afford much too-easy method
{ giving to favored shippers unreason-
bic preferences and rebates. think
nat the law should provide that q car .
ed, upon written request BY an intend
q shipper, should quote In writing the 7
tie or charge applicable to the pro- 4
osed shipment under any schedules or Z
lriffa to which such carrier Is a party. !