The Mena weekly star., 1910-01-13
SPECIAL MESSAGE TO CONGRESS- ON
 COMMERCE LAW
 AND THE TRUSTS
Icontinued from llrsl pagel.

money.
 fs) All cases brought to enjoin. set aside. annui or suspend any order or requirement of the interstate commerce commission.
 to All such cases as under section 8 of the act of February 1s, 1908, known as the ~Eikins act" are authorized to be maintained in a circuit court Of the United States
 fD All such mandamus proceedings as under the provisions of section % or section g of the interstate commerce law are authorized to be maintained in circuit 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 tarin act Of August 5. lsos. may be urged in support Of the creation of the commerce court
 In order to provide sufficient mum Der of judges 10 enable this court to be constituted 1t will be necessary to au- thorize the appointment of five addi- ffonal circuit judges. who. for the pur- poses Of appointment. might be distrib- uted to those circuits where there is al the present time the largest volume Of business such as the second. third. fourth, seventh and eighth circuits. The act should empower the chief justice at any tin,t when the business of the court oi can,fnerce does not require the services Of nl1 the judges to reassgn the judges designated to that court to the circuits sn whlrh they respectively belong; and ii should also provide for payment 10 such judges while sitting by assignment in the court Of commerce Of such addi- fionai amount as is necessary Co bring their annuol compensation up to Slo0oO.
 Only Second to Supreme Court.
 The regular sessions of such court shonid be held at the capitol. but it should be empowered to hold sessions in different parts of the united states U 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 su- prame court shall so order. The com meree court should be empowered in its discretion to restrain or suspend the op- eratlou of m order of the Interstate com merce commission under review pending the final hearing and determination or inc proceeding. but no such restraining order should be made except upon no- tire and after hearing, unless m cases where irreparahle damage would other wise ensue to the petitioner. judge of that court might be empowered 10 al- low stay of the commissions order Tor 0 bending application to the court or It's order or injunction. then only where his order shall contain n specific finding based upon evidence submitted 10 the fudge making the order and identified by reference thereto that such irreparable damage would result to the petitioner specifying the nature of the damage.
 Under the existing law, the interstate commerce commission itself initiates and ffxi. ffs.,. In l,a enforreemnt. or in the defense of It's or ders and decrees, 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- ttons of the commission This blending of administrative. legislative and judi ciai functions tends. in my opinion, to impair the efficiency Of the commission hy clothing if with partisan characteris- tics and rohbing It of the impartial judi cial attitude it should occupy in pass ing upon questions submitted to it. Tn 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 decrees of the interstate commerce commission De brought by or against the United States co nomlne and be placed in charge or an assistant attorney general acting under the direction of the attorney general.
 The subject of agreemnts between car riers with respect to rates has been oft- en discussed in congress. Pooling ar arrangements and agreements were con temned hy the general sentiment of the people. and. under the sherman antitrust law. any agreement between carriers oper- atlng in restraint of interstate or inter national trade or commerce would be unlawful. The Republican platform of 1908 expressed the belief that the inter state commerce law should be further amended so as to give the railroads the right to make any public traffic agree naents subject to the approval of the commission but maintaining always the principle of competition between natural ly competing lines. and avoiding the common control of such lines by any means whatsoever,
 Would Permit Agreements.
 Tn view of the complete control over rate-making, and other practices of in terstate carriers established by the acts Of congress. and as recommended in this communication, l see no reason why agreemnts between carriers subject to the act. specifying the classiiications of freight and the rates. fares and charges for transportation of passengers and freight which they may agree to estab- fish. should not be permitted. provided. copies of such agreemnts be promptly filed with the commission but subject to all the provisions of the interstate com merce act and subject to the right ot any parties to such agreemnt to cancel t as to ali or any Of the agreed rates fares. charges. or classiiioations by % days notice in writing to the other par ties and to the commission.
 Much complaint Is made by shippers over the state, of the law under which they are held bound to know the legal rate applicable to any proposed shipment. without. as matter of fact. having any certain means of actually ascertaining such rate. It has been suggested that to meet this grievance carriers should be required. upon application by a shipper to quote the legal rate in writing. and that the shipper should be protected in acting upon the rate thus quoted: but the objection to this suggestion Is that 1t would afford much too-easy method of giving to favored shippers unreason- able preferences and rebates. I think that the law should provide that car- ried. upon written request by an intend ing shiper should quote in writing the rate or charge applicable to the pro posed shipment under any schedules or tariffs to which such carrier is party, and that if the party making such re- quest shall suffer damage in consequence of either refusal or omission to quote the proper rate. or in consequence of mis- statement of the rate. the carrier shall be liable 10 q penalty in some reason able amount say se50. to accrue to the United States, and to be recovered in civil action brought by the appropriate district attorney Such a penalty would compel the agent of the carrier to exer- else due diligence in quoting the applic- able legal rates. and would thus afford the shipper real measure of protection while not opening the way to coiinsion