The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1910-01-14
COMMERCE &: n / Law
t.si 81 lNtfils = 10 ~ ~ a q - 90
and THE: TRUSTS
TREATED BY TAFT.
PRESIDENT HANDLES TWO I'M.
PoRTANT TOPICS IN HIS sPE.
clAL MEssAcETo CONGRESS.
WANTS NEW COURT CREATED

Tribunal would Hear Cases Arising
Under the Interstate Law-chtef
Executive Also Urges Federal In
corporation Statute to Suppress
Abuses and Not to Destroy Legiti.
mate Combinations Of Capital.
Washington. Jan. NEEDED legislation
concerning the interstate commerce law
ject Of President Taft's special me- sage
to congress The president calls atten-
ton to the partial failure Of the present
Re DO rom its o
to federal courts and the slowness of the
supreme court In deciding these cases.
The message says:
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 1t
ment or would subject it to burdens
against it and in favor Of other carriers
supreme Importance is that the decision
Of such questions shall be as speedy as
the nature Of the circumstances will adj
secured so as, to bring about an effec-
tive, systematic and scientific enforce
ment Of the comerce law, rather than
final result
Recommends "court Of Commerce."
For this purpose recommend the es-
Enlistment of court of the United
States composed of five Judges desig-
mated for such purpose from among the
be known as the United States court
of commerce. which court shall be
clothed with exclusive original jurisdic-
"O All cases for the enforcement, 9TH
erwise than by ADJUDICATION and collec-
t ton: OF forfeiture or penalty, or by in
order of the interstate commerce COM
mission other than for the payment Of
money.
aside anna se or any opaer s or
requirement of the interstate commerce
commission.
go All such cases as under section 3
as the 'Elkins act are authorized to be
maintained in circuit court of the Uni
ted States.
go 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.
"In order to provide 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 So
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 reassign the judges designated
fn ofr 20 ,{1I,
they respectively belong; and it should
also provide for payment to such judges
while sitting by assignment, in the court
of commerce of such additional amount
compensation up to 100000
Only Second to Supreme Court.
The regular sessions of such court
should be held at the capitol. but it
different parts of the United States If
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
shall not be stayed unless the supreme
should be empowered in it's discretion to
restrain or suspend the operation of an
order of the interstate commerce commits
sion under review pending the final hear
but no such restraining order should sbe
made except upon notice and afetr hear
Ing unless IN eases where irreparable
be empowered to allow a stay Of the
commission's order for period Of not
ton to the court Of it's order or fnjunc-
ton. then only where his order shall con-
tain a specific finding based upon evi-
order and identified by reference thereto
that such irreparable damage would re-
suit to the petitioner; specifying the ma
Under the existing law the interstate
commerce commission itself initiates and
defends litigation in the courts for the
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
slal functions .3i tends: in my opinion to
by clothing it with partisan characteris-
| tics and robbing it of the impartial judi
eial attitude it 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 fore, recommend that all proceed
brought by or against the United States
go nomine. and be placed in charge Of an
assistant attorney geno.al 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
l to make any public traffic agreements
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
I whatsoever.
"In view Of the complete control over