Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-01-07
Federal Incorporation and Probe
of Trusts Among His
Recommendations.
WANTS INCREASED POWER
FOR COMMERCE COMMISSION
Excessive Shipping Rates Are
Finally Saddled Upon the
Consumers.

forecment of the law, rather
than conhicting decisions and uncer-
tainty of final result.
For this purpose I recommend
the establishment of "a court of the
United States composed of five
Judges designated for such purpose
from among the circuit judges of
the United states, to be known as
the ssUDitcd States Court of Com
mercc,, which court shall he
clothed with exclusive original
jurisdiction over the following
classes of cases.
q) All cases for the enforcement,
otherwise han bv adjudication n
collection of a forfeiture or penalty, or
by infiiction of criminal punishment, of
any order of the Interstate Commerce
Commission other than for the a
ment of money.
CD All cases brought to enjoin, set
aside. annul OF suspend any order or
requirement of the Interstate Com
laerce Commission.
go All such cases as under section 3
of the act OF February 10, 1909, known
as the "Elkins Act" are authorized to
be maintained in a circuit court of the
United States.
"a All such mandamus proceedings
as under the provisions Of section 20
or section % of the interstate com
merce law are authorized to be main
tanned in a circuit court of the United
States.
Reasons precisely analogous to those
which induced the Congress to create
the Court of Customs Appeals by the
provisions in the tariff act of August
s.. 1909. may be urged in support of the
creation Of the court.
Fivc More Judges.
In order to provide a sufficient num-
Der Of Judges to enable this court to
be constituted it will be necessary to
authorize the appointment of five adj
ditional circuit judges, who, for the
purposes of appointment, might be dis
tributed to those circuits where there
Is at the present time the largest
volume of business, such as the Sec
ond. third, fourth, seventh and eighth
circuits. The act should empower the
chief justice at any time when the
business of the Court of Commerce
does not require the services of all the
judges to reassign the judges desIg-
mated to that court to the circuits to
which they, respectively belong; and
it should also provide for payment to
such judges while sitting by assign
ment In the Court Of Commerce OF
such additional amount as is neces-
sary to bring their annual compensa-
ton up to &c., 00.
The regular sessions OF such court
should be held at the capital, but it
should be empowered to hold sessions
in different parts of the United states
IL found desirable; and its orders and
judgments should be made final. sub
Ject only to review by the Supreme
Q 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 It's discretion to re-
strain or suspend the operation of an
order of the Interstate Commerce Com
mission under review pending the final
hearing and determination of the pro-
ceeding. but no sue restraining order
should be made except upon notice and
after hearing, unless in cases where
i~rreparable damage would otherwise
8 to the petitioner. A Judge of
that court might be empowered to al
low a stay of the commissions order
for a period of not more than sixty
days, but pending application to the
court for its order or injunction, then
only where his order shall contain q
specific finding based upon evidence
submitted to the judge making the or
der and identified by reference thereto,
that such ~irreparablo damage would
result to the petitioner, specifying the
nature of the damage.
Under the existing law the Interstate
Commerce. Commission itself initiates
arId defends litigation in the courts for
the enforcement, or in the defense, Of
its orders and DEGREES, and for this
purpose it employs attorneys who.
while subject to the control of the at
torney-general. act upon the initiative
and under the instructions of the com
mission, This blending of administers
tive, legislative and judicial functions
tends, in my opinion, to impair the
efficiency of the commission by cloth
ing 1t with partisan characteristics and
robbing 1T of the Impartial judicial at
tude II should occupy in passing upon
questions submitted to Il.
In my opinion all litigation af-
fectfnS the government should he
under the direct control of the de-
partment of Justice, and there
fore that all proceed
ipgs affecting orders and DEGREES
OF the Interstate Com
saission be brought by or against
the United States co nominc, and
he placed i'm charge of an assistant
attorncy-generaI acting under the
direction of the Encouragement.
Pooling Agreements.
The subject of agreements between
carriers with respect to rates has been
often discussed in Congress. Pooling
arrangements and agreements were
condemned by the general sentiment OF
b people, and, under the Sherman
anti-trust law. any agreement between
carriers operating in restraint Of inter.
state or international trade or com
merce would be unlawful. The Repub-
iican platform OF 1908 expressed the be-
lief that the interstate Law
should be further amended so as to give
the railroads the right to make and
publish traffic agreements, subject tc
the approval of the commission. but
maintaining always the principle OF
competition between naturally com
peting lines and avoiding the common
control of such lines by any means
whatsoever.