Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1910-03-07
FOR COURT Of
COMMERCE
Majority of Senate Committee
Approves of Establishing
Tribunal
WILL PREVENT CONFUSION
Does Not Entirely Prohibit Pur-
chase of Competing Rail-
road Lines.

! Washington, March 7.-"Carefully
preserving the principles SO closely
enunciated in the Republican plat
form of 190S,'' is the way the majority
of the senate committee on interstate
commerce which made it's report to-
day on the administration railroad
bill interprets the provision to permit
common carriers to enter into traffic
agreements.
! The report is signed by Senators
I Elkins, CullOm. Aldrich. Keen, Crane
and Nixon and will be printed with
the minority report submitted a few
days ago by Senators Clapp and Cum
Minis and with the individual report of
Senator Newlands.
Approval of the court of commerce
feature is given prominence, although
comment upon other provisions is far
more interesting For instance, the
report says that the effect of the
traffic agreement provision is to re-
lieve carriers from the prohibition of
the antitrust act while preserving un-
impaired the control of the interstate
agreements. 1t is said that the provi-
sion is in exact compliance with de-
clarations in the Republican platform.
After quoting the clause of the plat
form such agreements the report says:
The contention that this declaration
can only be complied with by requir-
ing the approval of such agreement
by the interstate commerce commits
sion before they become operative is
in the opinion of the committee, desti.
tute of the slightest foundation
THE section in question carefully
preserves the principles clearly enun-
ciated in the platform and only by
wilful distortion of language could it
be contended that this carefully guard
ed provision involved any abandon
> ment of the principle of competition
between naturally competing lines"
Indorsing the proposed court of
commerce the report says that the
principal argument in favor of it's Gre
alton is that it will prevent delay and
confusion in the enforcement of the
law by creating one tribunal specially
versed in the complicated and often
technical questions arising out of the
application of the interstate com
, merce law to railroads and other car.
riers subject to the act.
Supreme court rulings are cited in
support of the contention that the
scope of review of the commission't
y orders in the court will not be oldel
than it is now in the circuit courts.
1t is contended that courts ought not
be endowed with merely administra-
tive powers such as are involved in
the legislature of the commissions
4 discretion. The claim that there will
not be enough business to keep tribu-
nails occupied, is not seriously consid-
cred.
: The administration bill gives the
attorney general entire charge and
control of the interests of the gov
ernment in all cases and proceedings
in the court of commerce and in the
y supreme court, on appealed cases.
e This is change from the existing
l. law. The committee says that the
-t present system combines in the MEM
l. bers of the interstate commerce COM
it mission the functions of investigator,
II judge and prosecutor which is declar-
It ed to be contrary to the correct the
6 ory of law, or procedure.
e Commenting upon the provision for
e investigation by the commission of
proposed increases in rates, or change
in classification as soon as it is filed.
&c the majority supports also, the pro-
T.. position that at any time before the
n rate or classification becomes effect
n i've the commission should be empow-
a. cred to propose the effective date for
o. reasonable period to enable it to
10 investigate the proposed action.
If 60 Days Time.
st The bill fixes this reasonable period
1T at 60 days and although the commits
a sion recommended that this time be
le extended to 120 days the committee
" says it believes that with due diligence
of the commission can determine within
is the time allotted whether the Increase
le should be approved
ly AS to the provisions relating to
le through rates and routes, the shippers
Or right to route shipments and making
annual reports the majority follows
the line of argument advanced by
1e Attorney General Wickersham in his
is published abstract. sS
rs Concerning the important sections
relating to the purchase of competing
lines the report says:
Criticism of this section has been
|. made upon the ground that it did not
prohibit the acquisition by means OF
Ii a holding corporation Of stocks of com