Arizona republican., 1910-01-08
VOL. xxx. NO. 2ss.

the circuit court judges of the United States, to be known as the United States Court of Commerce. which
 court shall be clothed with exclusive original Jurisdiction over the following
 classes of cases:
 1. All cases for the enforcement, otherwise than by adjudication and collection of a forfeiture or penalty or by infliction of criminal punish ment, of an order of the interstate commerce commission other than for the payment of money.
 2 All cases brought to enjoin, set aside. annul or suspend any order or requirement of the interstate com merce commission.
 3. All such cases as. under secti1n of the act of February 19, 1903, known as the Elkins' act. are author ized to be maintained in a circuit court of the United States.
 f. All such mandamus proceedings as. under the provision of section 20 or section 23 of the Interstate com merce law, are authorized to be main- tained in a circuit court of the United States.
 Reasons specially analogous to those which induced the congress to create the court of customs appeals by the provisions in the tariff act of August ,. 1909. may be urged In support of the creation of the commerce court.
 Under the existing law, the inter- state commerce commission itself ini- tiates and defends litigation in the courts for the enforcement, or in the defense of. it's orders and decrees. and for this purpose it employs attorneys who. while subject to the control of the attorney general. act upon tf< initiative and under the instructions of the commission. This blending of administrative. executive and judicial functions tends, in my opinion to i'm pair the efficiency of the commission by clothing it with partisan -charac- teristics and robbing it of the impar- tial judicial attitude it should occupy in passing upon questions submitted to it. In my opinion all litigation af- fecting the government should be un- der the direct control of the depart ment of justice. and I, therefore. rec ommend that all proceedings affect ing orders and decrees of the com- mission be brought by or against the United States, and be placed in charge of an assistant attorney gen. eral acting Under the direction of the attorney general.
 PROMISED BY THE PLATFORM.
 The republican platform of 1908 ex- pressed the belief that the interstate commerce law should be further amended so as to give the railroads the right to make and publish traffic agreements subject to the approval of the commission. but maintaining al- ways the principle of competition be- tween naturally competing lines and averting the common control of such lines by any means whatsoever.
 In view of complete control over making and other practices of interstate carriers established by the acts of congress and as recommended in this communication. I see no req son why agreements between carriers. subject to the act, specifying the of freight and the rates. fares and charges for transportation of passengers and freight which they may agree to establish. should not be permitted, provided copies of such agreements be promptly filed with the but subject to all the provisions of the interstate commerce act. and subject to the right of any parties to such agreement to cancel it as to all or any of the rates, fares. charges. or classifications by thirty days notice in writing to the railroad parties and to the commission. I think the law should provide that a carrier. upon written request by an shipper. should quote in writing the rate or charge applicable to the proposed shipment under any schedule or tariffs to which the car rier is a party. and that if the party making such request suffer damage in consequence of either refusal or to quote the proper rate. or in consequence of a misstatement of the rate. the carrier shall be liableNo 3 penalty in some reasonable amount. say $250. to accrue to the United States and to be recovered in a civil action brought by the appropriate district at torney.
 It has been suggested that the com-
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