The Forrest City times. [volume] (Forrest City, Ark.) 1871-1919, 1910-01-14
DMMERCE LAW
md THE TRUSTS
| TREATED BY TAFT
ES1DENT HANDLES TWO I'M
oRTANT TOPICS IN HIS sPE-
eiAl MESSAGE TO CONGRESS.
|NTS NEW COURT CREATED

>unaI Would Hear Cases Arising
Under the Interstate Law-Chief
Executive Also Urges Federal In
Corporation Statute to Suppress
Abuses and Not to Destroy Leeitl-
bate Combinations of Capital.
hshington. Jan. Needed legislation
krning the interstate commerce law
/the control OF trusts formed the sub
of President Taft's special message
pngress. The president calls atten-
to the partial failure OF the present
nerce law to get results because of
frequent appeals from its decisions
deral courts and the slowness of the
kme court in deciding these cases
message says.
would not be proper to attempt to
ke any corporation of the right to
eview by court of any order or de-
which. II undisturbed. would rob IL
reasonable return upon it's invest
or would subject 1t to burdens
would uniustly discriminate
nst 1t and in favor of other carriers
prly situated. What is, however of
)rne Importance is that the decision
lch questions shall be as speedy as
Dature of the circumstances will ad-
Bnd that uniformity of decision be
ed so as to bring about an effec-
systematic and scientific enforce
or the comerce law. rather than
citing decisions and uncertainty of
result.
mmends "Court Of Commerce"
this purpose / recommend the es-
hment of a court of the United
composed of five judges desig-
ha
judges of the United States, TO
nown as the United States court
pmmerce, which court shall be
d with exclusive original jurisdc-
pver the following classes OF cases:
All cases for the enforcement, 9TH
than by ADJUDICATION and collec-
of forfeiture or penalty. or by In
IN or criminal punishment, of any
OF the interstate commerce com
On other than for the payment of
All cases brought TO enjoin, set
annul or suspend any order or
cement of the interstate commerce
Mission.
All such cases as under section 3
e act of February 10, 1903. known
'Elkins act. are authorized to be
aimed in circuit court of the Uni
Btates.
All such mandamus proceedings as
the provisions of section 20 or sec
rs OF the Interstate commerce law
authorized to be maintained in a cir
Fourt of the United States.
Iasons precisely analogous to those
induced the congress to create the
of customs appeals by the provi-
in the tariff act of August 5, 1909,
be urged in support of the creation
commerce court.
order to provide a sufficient num-
judges to enable this court to be
tuted II will be necessary to author
he appointment of five additional
4 judges, who, for the purposes of
ntment might be distributed to
circuits where there is at the pres-
Inc the largest volume OF business
rs the second. third. fourth. seventh
Eighth circuits. The act should en-
the chief justice at any time when
business of the court of commerce
not require the services OF all the
IS to reassign the Judges designated
lat court to the circuits to Which
respectively belong; and it should
provide for payment to such judges
sitting by assignment in the court
mmerce OF such additional amount
necessary to bring their annual
ensation up to $4,000.
~ Second to Supreme Court.
2 regular sessions OF such court
be held at the capitol. but II
be empowered &c hold sessions in
ent parts OF the United States II
desirable; and its orders and judg-
should be made final, subject only
view by the supreme court of the
states, with the provision that
Peratlon or the decree appealed from
not be stayed unless the supreme
shall so order The commerce court
be empowered in it's discretion to
I'm or suspend the operation OF an
OF the interstate commerce commits
lnder review pending the final hear
To- or VfAt Farf ft..yz
70 such restraining order should be
except upon notice and afetr hear
pnless In cases where irreparable
&c would otherwise ensue to the pc
er. Judge of that court might
Empowered to allow stay of the
than 60 days. but pending applica-
g. the court OF its order or fniune-
then only where his order shall con
p specific finding based upon evil
submitted TO the judge making the
and identified by reference thereto
Buch irreparable damage would re-
the petitioner. specifying the ma
pr the damage"
der the existing law the Interstate
cree commission itself initiates and
rs litigation in the courts for the
fement. or In the defense OF it's or
Ind DEGREES. and for this purpose Il
US attorneys. who. while subject to
Nntroi OF the attorney general. act
the initiative and under the instruc-
OF the commission This blending
lministratiVe. legislative and Judi
functions tends, in my opinion. to
the efficiency OF the commission
pthing II with partisan Characteris-
end robbing II of the impartial Judi
attitude II should occupy in pass
pon questions submitted to IT, In
opinion all litigation affecting the
nment should be under the direct
pl OF the department OF Justice. and
refore recommend that all proceed
affecting orders and DEGREES 81 the
tate commerce commission he
Pit by or against the United States
mime. and be placed in charge Of an
pant attorney general acting under
Erection OF the attorney general"
Would Permit Agreements.
ling to the subject OF railroad pools
traffic agreements, the president
Republican platform OF 1903 ex-
I'd the belief that the Interstate
lerce law should be further amend
as 10 give the railroads the right
hke any public traffic agreements
r. to the approval OF the commits
but maintaining always the prin-
of competition between naturally
ftinC lines. and avoiding the com
rontrol of such lines by any means
5pever.
view OF the complete control over
L.