Daily press. [volume] (Newport News, Va.) 1896-current, 1910-01-08
REFORMS ARE HIS
MESSAGE KEYNOTE
CONTINUED from First Page.)
been argued and submitted TO that tri-
bunal in October. 1909.

OF course, every carrier affected by
an order OF the commission has a
constitutional right to appeal TO a
federal court 20 protect IL from the
enforcement OF an order which il may
show TO be prima facie confiscatory
or unjustly discriminatory in its Ell
feet: ans as this application may be
made TO a court in any district OF the
United States, not only does delay re-
suit in the enforcement OF the order,
bat great uncertainty is caused by
contrariety OF decision. The questions
presented by these applications are
TOO often technical in Ineir character
and require a knowledge OF the bust
ness and mastery OF a STeai volume
OF conflicting evidence which is sedl-
GUS to examine and troublesome I,
comprehend. II would not be proper
10 attempt to deprive any corporation
of a right TO the review by court OF
any order or decree which. II undis-
rurbed. would rob it of a reasonable
return upon It's investment or would
subject il 20 burdens which would un
Justly discriminate against 1t and IN
favor OF other carriers similarly STU
sted. What is. however. of supreme
Importance is that the decision OF
such questions snail be as speedy as
the nature OF the circumstances VIII
admit and that a uniformity OF decls-
ion be secured so as to bring ABOUT
ain effective, systematic, and sclentihc
enforcement OF the commerce law,
rather than conflicting decisions ana
uncertainty OF final result.
Court of Commerce.
For this purpose | recommend the
establishment of court or the united
states, composed of five judges desig'
mated for such purpose from among
the circuit Judges OF the United
States TO be known as the united
states Court of Commerce, when
court shall be clothed with exclusive
original jurisdiction over the ioiiow'
ing classes of cases:
IN All eases for the enforcement
othersise than by adjudication and
collection of forfeiture or penalty
or by infiicsion OF criminal PUNISH,
ment. of any order of the interstate
Commerce Commission other IMAM ioi
the payment OF money.
f2) All cases brought 10 enjoin, SET
aside. annul or suspend any order OF
requirement of the Interstate Com
merce Commission.
f3) All such cases as under section
2 OF che act of February IL. l9o5
known as the "Elkins Act are author
lied to be maintained in a circul'
court OF the United states.
"a, All such mandamus proceed
inrs as under The provisions or sec
tion 20 or section % OF the inter
state commerce law are authorized &c
he maintained in circuit court OF
rthe United States.
Reasons precisely analogous &c
those which induced the congress &c
create the Court OF Customs Appears
by the provisions in the tarin ac. VI
August 5. 1909, may be urged IN sup
mort of the creation OF the CoHihe'oe
Court
In order to provide a sufficient mum
her OF Judges to enatle TINS court u
no constituted. it will be necessary to
authorize the appointment OF hve ao
ditional circuit judges, who. for the
nurpcse of appointment, might be as
fributed to those circuits where there
IS az the present time the largest
volume of business. such as the sec
ond. third. fourth. seventh and eish'h
circuits. The act should empower 'he
chief Justice at any time when 'he
business OF the Court OF Commerce
does not require the services OF all
the Judges to reSssign the judges dec
Srnated to that court 10 the circui'
10 which they respectively oeiong
and n should also provide for Ply
ment TO such judges while sitting oy
assignment In the Court OF Com
merce OF such additional amount as
4 necessary to bring their annual
compensation up TO $4,000.
Impairs Efficiency.
Under the existing law, the inter
state Commerce Commission Itself IN
itiates and defends litigation in the
roryts for the enforcement. or In the
defense. Of its orders and DEGREES. and
for thu purpose II employs attorneys
who. while subject to the control oil
the attorney general. act upon the
Initiative and under the instructions
of the commission. This blending Of
administrative legislative and judicis
functions. in my opinion. tends TO i'm
pair The efficiency OF the commission
nv clothing Il with partisan charac'
fer.stics and robbing Il Of the impair
tiaI judicial attitude it should occupy
IN passing upon questions submitted &c
&. In my opinion all litigation AFFECT
.nx the government should be under
the direct confro. OF the department
Of Justice: and I therefore recon
mend that all proceedings areciine
orders and DEGREES q the Interstate
\ Commerce Commission be brough by
On against the United states &c
nomine. and be placed in charge oil
An assistant attorney general actinE
under the direction CT the attorney
general.
In view Of the complete con
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