The Spanish Fork press. [volume] (Spanish Fork, Utah) 1902-current, 1910-01-13

ABUSES ana NOT 10 Destroy Le9itl.
mate Combinations Of Capital.
Washington. Jan. Needed legislation
concerning the, Interstate commerce law
and the control of trusts formed the sub
ject OF President Taft's 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, If undisturbed, would rob 1t
of reasonable return upon Its invest
m ent or would subject IT to burdens
against II and In favor Of other carriers
similarly situated. What u.s. however of
supreme Importance is that the decision
of such questions shall be speedy as
the nature OF the circumstances Will adj
nit. and that a uniformity of decision be
secured so as to bring about an effec-
ment OF the comerce law. rather than
conflicting decisions and uncertainty Of
final result.
Recommends "Court of Commerce"
FOR this purpose recommend the es-
Enlistment of court of the United
States composed of FIVE Judges deslg
mated for such purpose from among the
be KIN known as the u" United ' States e Court
of commerce. which court shall be
clothed with exclusive original JurisdIc-
ton over the following classes of cases
90 All cases for the enforcement, 9th
erwise than by ajudication and colIec-
ton, of a forfeiture or penalty, or by in
Fiction of criminal punishment, of any
order of the interstate commerce COM
mission other than for the payment Of
money
aside. annul or suspend any order or
requirement of the Interstate commerce
commission.
go All such cases as under section
of the act of February 10, 1903, known
as the 'Elltins act are authorized to be
maintained in circuit court of the Uni
ted States.
40 All such mandamus proceedings as
under the provisions of section 20 or sec
ton % OF the interstate commerce law
are authorized to be maintained In cir
cult court of the United States.
Reasons precisely analogous to those
which induced the congress to create the
court of customs appeals by the provi-
sions In the tariff act OF August s. 1909.
may be urged In support of the creation
of the commerce court.
TN order to provide a sufficient num-
Der of judges to enable this court to be
constituted 1t will be necessary to author
ize the appointment of five additional
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-
the business of the court of commerce
does not require the services of all the
Judges to reasslgn the judges designated
TO that court to 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
ms is necessary to bring their annual
compensation up to $4,000.
Only Second to Supreme Court.
THE regular sessions of such court
should be held at the capitol, but IL
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
United States, with the provision that.
the operation of the decree appealed from
hall not be stayed unless the supreme
court shall so order, The commerce court
should be empowered in fits discretion to
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 In cases where irrepar1ble
damage would otherwise ensue to the Pc
titioner. Judge of that court might
be empowered to allow stay of the
commissions order for a period of not
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
dence submitted to the judge making the
| oruer ana lucntlHeu by reference thereto
that such irreparable damage would re-
suit to the petitioner, specifying the ma
! ture of the damage"
| 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 or
| dcrs and DEGREES, and for this purpose IL
| employs attorneys. who. while subject to
| the control of the attorney general, act
| upon the initiative and under the instruc-
tons OF the commission. This blending
| of administrative. legislative and judi
! cial functions tends, In my opinion to
| impair the efficiency of the commission
| by clothing II with partisan characters
| ties and robbing II of the impartial judi
| clal attitude II should occupy in pass
my opinion all litigation affecting the
| government should be under the direct
| control of the department of justice; and
| I therefore recommend that all proceed
| ings affecting orders and DEGREES OF the
| interstate commerce commission be
| brought by or against the United States
go nomne, and he placed in charge OF an
! assistant attorney general acting under
| the dissection OF the attorney general"
Would Permit Agreements.
Coming TO the subject of railroad pools
! and traffic agreements, the president
'',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 right
| 10 make any public traffic agreements
| subject TO the approval of the commits
sion, but maintaining always the prin-
| ciple of competition between naturally
| competing lines, and avoiding the com
mon control OF such lines by any means
whatsoever.