The Chanute times. [volume] (Chanute, Kan.) 1897-1913, 1910-01-14

corporation Statute to Suppress
Abuses and Not to Destroy Legiti-
mate Combinations of Capital.
Washington, JAN NEEDED legislation
concerning the Interstate commerce law
and the control of trusts formed the sub
tect of President Taft's special message
to congress. The president calls atten-
ton to the partial failure of the present
the frequent appeals from its. decisions
to federal courts and the slowness of the
supreme court in deciding these cases.
The message says:
'It 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 invest
ment or would subject it to burdens
which would unjustly discriminate
against 1t 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
init. and that uniformity of decision be
tive. systematic and scientific enforce
ment of the comerce law, rather than
conflicting decisions and uncertainty Of
final result.
Recommends "Court of Commerce"
For this purpose 1 recommend the es-
Enlistment of a 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-
ton over the following classes of cases:
I'D All cases for the enforcement. 9TH
erwise than by ajudication and collec-
ton of a forfeiture or penalty, or by in
Fiction Of criminal punishment, of any
order of the interstate commerce COM
mission other than for the payment of
money.
aside, annul or suspend any order or
requirement of the interstate commerce
. commission.
OF the the AIT of February 49, lSCS known E
maintained in circuit court of the Uni
ted States.
80 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 a 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
I'm order to provide sufficient num-
Der of judges to enable this court to be
constituted it will be necessary to author
ize the appointment of five additional
circuit judges, who, for the purposes of
appointment, might be distributed to
those circuits where there is at the pres
ent time the largest volume of business
such as the second third, fourth, seventh
and eighth circuits. The act should EN-
power the chief justice at any time when
4he business of the court of commerce
does not require the services of all the
Judges to reassgn the judges designated
to that court to the circuits to which
also provide for payment to such judges
while sitting by assignment in the court
of commerce of such additional amount
as is necessary to bring their annual
compensation up to $4,000.
Only Second to Supreme Court.
1.-The regular sessions of such court
should be held at the capitol, but 1t
should be empowered to hold sessions in
different parts of the United States If
found desirable; and it's orders and judg-
ments should be made final, subject only
to review by the supreme court of the
United States, with the provision that
the operation of the decree appealed from
shall not be stayed unless the supreme
court shall so order. The commerce court
should be empowered in its discretion to
restrain or suspend the operation of an
order of the interstate commerce commits
sion under review pending the final hear
ing and determination of the proceeding.
but no such restraining order should be
made except upon notice and afetr hear
Ing, unless in cases where irreparable
damage would otherwise ensue to the pc
titioner. judge of that court might
commissions order for period of not
more than 60 days. but pending applica-
tion to the court of its order or injunc-
ton, then only where his order shall con-
tain a specific finding based upon evil
dence submitted to the judge making the
order and identified by reference thereto
that such irreparable damage would re-
suit to the petitioner. specifying the ma
ture of the damage"
'Under the existing law the interstate
commerce commission itself initiates and
1aHA dc N % a
enforcement, or In the defense of Its or
ders and DEGREES. and for this purpose it
employs attorneys, who, while subject to
the control of the attorney general, act
upon the initiative and under the instruc-
tions OF the commission. This blending
of administrative. Legislative and judi
impair the efficiency Of the commission
by clothing 1t with partisan characters
tics and robbing II of the impartial judi
cial attitude II should occupy in pass
my opinion all litigation Affecting the
government should be under the direct
control of the department OF Justice; and
] therefore recommend that all proceed
ings affecting orders and DEGREES of the
interstate commerce commission be
brought by or against the United states
go nomine, and be placed in charge of an
assistant attorney general acting under
the direction Of the attorney general"
Would Permit Agreements.
Coming to the subject of railroad pools
and traffic agreements. the president
says:
SThe 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 |
10 make any public traffic agreements
subject to the approval of the commits
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 |
whatsoever.
''Tn view OF the complete control over