Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1910-01-14

corporation Statute to Suppress
Abuses and Not to Destroy Legiti-
mate Combinations Of Capital.
Washington, Jan. Needed legislation
concerning the Interstate commerce law
and the control of trusts formed the sub
ject of President Tafts special message
to congress. The president calls atten-
ton to the partial failure of the present
mme law TO get results because of
the frequent appeals from it's decisions
to federal courts and the slownes of the
supreme court in deciding these cases.
1T would not be proper to attempt to
deprive any corporation Of the right to
the review by a court of any order or de-
cree which. if undisturbed, would rob it
OF a reasonable return upon it's invest
msnt or Would Ao,'I6 subject it to burdens mfde4s
against it and in favor Of other carriers
similarly situated. What is, however, of
supreme Importance is that the decision
of such questions shall be as 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-
tive, systematic and scientific enforce
conflicting decisions and uncertainty Of
final result.
Recommends Court of Commerce."
For this purpose L recommend the es-
sa31zH@ eompo 0f 4 of G9" five OF judges fRs G destg1
mated for such purpose from among the
circuit judges of the United States, to
~ hliONH a. NIit oIhICh ololCo NOGA I
of commerce. which court shall be
clothed with exclusive original jurisdic-
ton over the following classes of cases:
I'D All cases for the enforcement, 9TH
erwise than by ADJUDICATION and collec-
Fiction of criminal punishment, of any
order of the Interstate mme COM
mission other than for the payment of
".lO All cases brought to enjoin, set
aside, annul or suspend any order or
requirement OF the interstate
commission.
go All such cases as under section 3
Of the act of February 10, 1903. known
as the 'Flkins act are authorized to be
maintained in a circuit court of the Uni
ted States.
80 All SUCH mandamus proceedings as
under the provisions of section 20 or sec
ton % of the interstate m law
cult court of the United States.
Reasons precisely analogous to those
court of customs appeals by the provi-
Fions in the tariff act Of August 5, 1909,
may be urged in support Of the creation
of the commerce CCdrt.
I'm order TO provide a sufficient num-
constituted it will be necessary to author
lie the appointment of five additional
circuit Judges, who; for the purposes Of
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
does not require the services of all the
judges to reassign the Judges designated
to that court to the circuits to which
also provide for payment to such judges
Of m of such additional amount
AS 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 1t
should be empowered to hold sessions in
different parts of the United States if
III nd hnEl 20 AZ - NH ~ nr1nrC n md i1IO-
ments 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 unless the supreme
should be empowered in It's discretion to
restrain or suspend the operation of an
sion under review pending the final near
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 ir~reparable
damage would otherwise ensue to the pc
titioner. a Judge of that court might
be empowered to allow a stay of the
commissions order for a period of not
ton to the court of it's order or iniunC-
ton, then only where his order shall con-
tain a specific finding based upon evil
order and identified by reference thereto
that such irreparable damage would re-
suit to TIE petitioner; specifying the ma
Under the existing law the interstate
ColihIClNt CoHlIllSSlpu IlSelI initiates ana
defends litigation in the courts for the
enforcement, or In the defense of it's or
derS and DEGREES. and for this purpose it
employs attorneys, who. while subject to
the control Of the attorney general. act
upon the initiative and under the instruc-
lions 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
tics and robbing it Of the impartial judi
Cial attitude it should occupy in pass
Ing upon questions submitted to it. In
my opinion all litigation affecting the
government should he under the direct
control of the department of Justice: and
] therefore recommend that all proceed
Interstate commission be
brought by or against the United States
60 nomine. and be placed in charge of an
assistant attorney general acting under
the direction of the attorney general"
Would Permit Agreements.
Coming to the subject of railroad pools
and traffic agreements, the president
says:
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
TO make any public traffic agreements
subject to the approval of the commits
sion. but maintaining always the prin-
Ciple OF competition between naturally
mon control Of such lines by any means
whatsoever
In view Of the complete control over