Morgan County republican. (Versailles, Mo.) 1906-1914, 1910-01-13

mate Combindtiohs OF Sdp'tai.
Washington. Jan. 7-Needed legislation
concerning the Interstate law
and the control Of trusts formed the sub
Ject OF President Taft's special message
to congress. The president. calls atten.
commerce law to get results because OF
the frequent appeals from It's decisions
to federal courts and the slowness OF the
supreme court In deciding these cases.
The message says.
at would not be proper to attempt to
deprive any corporation OF the right to
tho review by II court OF any order or de-
cree which. IL undisturbed. would rob II
of n reasonable return upon its invest
ment or would subject It TO burdens
against It and in favor OF other carriers
similarly situated. What is. however. Of
supreme importance Is that the decision
the nature Of the circumstances Will ad-
init, aud that Il uniformity OF decision be
secured no as to bring about an efec-
tive. systematic and scientific enforce
ment Of TIA" cOmcrCe law, rather than
conflicting decisions and uncertainty OF
final result.
Recommends court Of Commerce"
For this purpose l recommend the es-
ta%blishmcnt OF Il court Of the United
states composed Of Ave Judges desig-
mated for such purpose from among the
circuit Judges Of the United States, to
be known as ne United states court hs
clothed with exclusive original turisdic-
ton over the following classes of cases:
I'D All cases for the enforcement, 9TH
erwise than by ujudication and collec-
ton, OF "A forfeiture or penalty, or by In
Fiction 81 criminal punishment. OF any
order OF the Interstate commerce com
mission other than for the payment OF
money,
"'CD Al cases brought to e%nJoln. set
aside, annul or suspend any order or
requirement Of the interstate
commission.
"CD All such cases as under section 3
of the act Of February 10, 1903. known
as the 'Elkins act are authorized to be
maintained IN n circuit court OF the Uni
ted States,
under the provisions Of section 20 or sec
tion q Of the Interstate commerce law
arc authorized TO hn maintained in a cir
cult court OF the United States.
"lt"nsOns precisely analogous to those
which Induced the congress to create the
court or customs appeals by the -provl-
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 a sufficient num-
her Of Judges e, enable this court to be
constituted II will be necessary to author
lie the. appointment Of five additional
circuit Judges. who. for the purposes OF
appointment. might he distributed to
ent time the largest volume OF business
such as the second. third, fourth, seventh
and eighth circuits. The act should EN-
Nv ~ ' 'H''A - wy 'lltl' "ll'i
tho business OF the court Of
docs not require the services OF all tho
Judges to rcasslgn the Judges designated
90 that court to the circuits 20 which
they respectively belong; and It should
also provide for payment To such Judges
while sitting By. assignment In the court
OF commerce OF such additional amount
as In necessary to bring their annua!
compensation up TO $4,000.
Only Second to Supreme Court.
THE regular sessions OF such court
should be held at the capitol, but It
should be empowered to hold sessions in
different parts of the United States II
found desirable. and is orders and judg-
ments should be made final, subject only
10 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
should be empowered In its discretion 10
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 onsue to the pc
utioner. A Judge OF that court nigh,
be empowered TO allow a stay, OF this
commissions order for n period Of not
more than GO days. but pending applica.
ton to the court OF Its order or injunc-
ton. then only where his order shall con,
tain n specific finding based upon evi.
dence submitted. to the Judge making tho
order and Identified by reference thereto
that such irreparable damage would re.
salt to the petitioner, specifying the ma
ture OF the damage"
"Under the existing law the interstat,
commerce commission itself initiates and
defends litigation In the courts for tn,
enforcement, or In the defense OF It's or
ders. and DEGREES. and for this purpose 1
the control OF the attorney general. ac
upon the Initiative and under tho ~instruc
lions OF the commission. This blendin,
of administrative, Legislative and JUDI
cial functions tends. In my opinion. Il
impair the efficiency OF the commission
tics and robbing II OF the impartial judi
cial attitude II should occupy In pass
ing upon questions submitted to It.. II
my opinion all litigation affecting tn
government. should be under. the direc
control OF the department OF Justice; an,
therefore recommend hat all proceed
ings affecting orders and DEGREES OF tn
Interstate commerce commission b
brought by or against the United State
60 noslne. and he placed In charge OF a
the dissection OF the attorney general"
Would Permit Agreements.
Coming to the subject of railroad pool
and traffic agreements. the presiden
'Thy Republican platform of 1905 ex
pres.lh the belief that the interstat
commerce law should be further amend
ed SO as TO give the railroads the RICH
TO make any public trafflc agreement
subject to the approval OF the commits
sion. but maintaining. always the priI
ciple OF competition. between natural
competing lines, and avoiding the CON
mon control OF such lines by any mean
whatsoever,