The Norfolk weekly news-journal., 1910-01-14

teen cases referred to in it's 1908 re-
port, only one had been decided in
the supreme court of the United
States although five other cases had
been argued and submitted to that tri-
bunal in October, 1909.
OF course, every carrier affected by
an order of the commission has a con-
stitutional right to appeal to a federal
court to protect it from the enforce
ment of an order which it may show
to be prima facie contiscatory or I'M
Justly discriminatory in it's effect; and,
as this application may be made to a
court in any district of the United
States, not only does delay result in
the enforcement of the order, but great
uncertainty is caused by contrariety OF
decision.
The questions presented by these
applications are too often technical in
their character and require a knowl.
edge of the business and the mastery
of great volume of conflicting evil
dence which is tedious to examine and
troublesome to comprehend. 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 its in
vestment or would subject it to bur.
dens which would unjustly discrimi-
nate 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 admit, and that
uniformity of decision be secured so
as to bring about an effective, system
attic, and scientific enforcement of the
commerce law, rather than conflicting
decisions and uncertainty of final re
suit.
Would Establish Court of Commerce.
For this purpose | recommend the
establishment of court of 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." which court shall
be clothed with exclusive original jur
isdiction over the following classes OF
cases:
a. All cases Tor the enforcement
otherwise than by adjudication and
collection of a forfeiture or penalty
or by intliCtion of criminal punish
ment, of an order of the interstate
commerce commission, other than fol
the payment of money.
CD All cases brought to enjoin
| set aside, annul or suspend any order
or requirement of the interstate com
merce commission.
81 All such cases as under Sec
ton of the act of February 10, 1903
known as the "Elkins act" are au
thorized to be maintained in a circuit
court of the United States.
a. All such mandamus proceed
| ings as under the provisions of section
20 or section % of the interstate com
merce law are authorized to be main
tanned in a circuit court of the United
States.
Reasons precisely analogous to those
which induced the congress the court
of customs appeals by the provisions
in the tariff act of August D. 1909, may
be urged in support of the creation OF
| the commerce court.
In order to provide sufficient mum
Der of judges to enable this court &c
| be constituted, ii will be necessary tC
authorize the appointment of five ad
ditional circuit court judges who fol
the purposes of appointment, might
| be distributed 10 those circuits where
there is at the present time the largest
volume of business, such as the Sec
ond, Third, Fourth Seventh and
Eighth circuits.
The act should empower the chief
| justice at any time when the business
of the court of commerce does not re
quire the services of all the judges tc
reassign the judges designated to that
court to the circuits to which they re
spectively belong; and it should also
provide for payment to such judges
| while sitting by assignment in the