The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-01-08
INTERSTATE COMMERCE LAW

INTERSTATE COMMERCE LAW
In The annual report of the inter
stsro commerCe commission of the year
l9ns attention is called 10 the fact that
between July I. 1905. and the close OF
that Sear, sixteen suits have bcon begun
70 set aside orders nj the commission
fossides ono commenced before that
dsteD and chat few orders OF much con-
sequence had been permitted TO 20 with
out protest; that the questions presented
~ tuese various suits were fundamental
49, ths Constitutionality of the act itself
was IN issue. and The right of congress
10 deless te 70 any tribunal authority TO
ssts blish All interstate rate was denied; /;
But thst. perhaps. the most serious prsc-
itc5l question raised concerned the c%-
tent ot the right of the courts to re-
view the Orders Of the commission; and
- WAS pointed ont that. II the conten-
ton of the carriers in This latter respect
alone was sustained, but htts progress
hsd been made i'm toe Hepburn act
toward the effective recula ton OF inter
state transportation charges. In twelve
oi the cases referred 20. IL was stated,
preliminary inluactions were prayed for,
heinS granted in six and refused In
Opinion of Commission.
1T has from the first been we'll un-
dt7stood, says the commission, THAT
The success Of the present act as a rceu-
,sti1: =. measure depended largely .upon. 'he
Iacllty with which temporary ipiunctions
could no obtained. II railroad company.
by mere allegation IN lis hfl OF COM
piaint. supported by cX-parte afhdsvits
"su overiurn rhe result OF days Of pa
'iNnt investigation. no vcr, satisfactory
result car be expected. The railroads
loee. nothin? by these proceedings. since
il they foil, it can only he required 10
establish ihe rate and Ia pay the ship
rers The difference betp cen the higher
rsfe collected and the rate Which is
STT-z lrrsl Il 70, i,c ~.
Of fact it usually profits. because ii can
seldom nc required 10 return moro than
> traction Of tho excess charges col
In its report of the year 1909 the
commission shows tlIst OF the seventeen
cssGs referred 70 in It's 1905 report, only
court OF the United States. although fiys
other cases had been argued and sub
rnitted 10 that tribunal in Oct"bcr. oo9.
of COURSE every carrier affected ry 4 n
order OF the commission has a consiitu-
iional right 10 appeal Ia a federal court
20 protect II from the enforcement or
an order which il may show Ia he prlma
facie confscatory or unjus,y discrimlna-
torY IN its effects, and. 2 s this spplca-
non may be made 10 court in any dis
trict OF the United States not only docs
OTdeT. pui great Uncertsinty is caused by
contraEiety Of decision
Technical Questions
The questions presented oy theFe ar-
rlicatons are too often technical in
their character aud require a knoylcdec
of the business and the roastery of a
great volume Of conflicting evidence
which is tedious 10 examine and trou-
olssome to comprehend. 1t would not
be proper TO attempt 10 deprive any cor
poratton of the right to the review b.
4 court Of any order or any decree.
which. il undisturbcd would rob il Of
or would subject II 20 burdens which
would unjus,ly discriminate against ii
ana In favor OF other carriers similarly
situated. What Is, however. of supreme
importance X that She decision OF such
questions shall he &c speedy az the na
ture OF the circumstances viii admit, and
that u uniformity Of decision be secured
so as 10 bring about AN effective. sys-
tematic and scientific enforcement oi The
commerce law. rather than conflicting de-
cisions and uncertainty of lnsl result.
For this purpose ! recommend the es-
tsniishmcnt of court of the United
Ststes composed OF five judges designated
init cour, Judges Of The United Statcs
10 re known as the United States court
Of commerce, which court shall be cloth
cd with exclusive original jurisdiction
nvcr the following classes of cases:
classification of Cases.
E'irst-Al cases for the enforcement.
otherwise than hi adjudication and coi-
lection Of .. forfeiture or penalty or by
inhiction of criminal punishment, OF an
mission other than for tic payment OF
moue!.
Seccnd--Ah cases brought 10 cnioiu set
aside. annul oT suspend ans order or re-
puirement Of the interstate commerce.
commission.
Tbir1-.Ail such cases As, under section
9 OF the act of February ~ ig03 known
as the E'lkDs act. arc authorized 10 be
maintsiued in circuit court or the
United States.
Eourtn--An such n.anda mus proceed
iuza az. under the provisions OF section
- Or section % OF the interstate COM
merce Law are authorized TO he inRin-
raiacd in circuit court OF the United
states.
Reasons specially analogous 10 those
wpich induced the congress 10 create the
court Of customs appeals by the provi-
sious In the tariff act OF August 8 1909.
.inaS be urged in support %, the creation
of the cornmercc court.
IN order 10 provIoc q sufficient number