Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1910-01-14


Under the Interstate Law-chief
Executive Also Urges Federal In
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
ject of President Taft's special message
to congress. The president calls atten-
ton to the partial failure Of the present
the frequent appeals from it's decisions
to federal courts and the slowness of the
supreme court in deciding these cases.
1T would not be proper to attempt to
deprive any corporation OF the right TO
the review by court of any order or de-
cree which, If undisturbed, would rob 1t
of reasonable return upon its invest
ment or would subject 1t to burdens
against 1t and in favor Of other carriers
similarly situated. What Is, however, of
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
secured so as to bring about an effec-
tive, systematic and scientific enforce
ment of the comerce law, rather than
conflicting decisions and uncertainty of
| final result.
Recommends "Court of Commerce."
Il
| Establishment 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 ADJUDICATION and collec-
fiction Of criminal punishment of any
| order of the interstate commerce COM
mission other than for the payment of
"(2) All cases brought to enjoin. set
aside, annul or suspend any order or
requirement of the interstate commerce
| commission.
"(3) All such cases as under section 8
Of the act Of February 10, 1909, known
as the 'Elkins act. are authorized to be
maintained in circuit court of the Uni
ted States.
"(4 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 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 -proyid-
sionS in the tariff act of August B, 1903,
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 1t will be necessary to author.
iEe 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 wher
does not require the services of all the
judges to reassign the judges designated
to that court to the circuits, to which
they respectively belong; and il SHOULD
, also provide for payment to such judges
. while sitting by assignment in the cour
OF commerce of such additional amount
= nc AG RNF n halF nm
compensation up to 10000.
! Only Second to Supreme Court.
: 1.-THE regular sessions of such cour
: should be held at the capitol, but I
: should be empowered to hold sessions II
!, | different parts of the United States /
I | found desirable and its orders and judg
ments should be made final, subject onl!
J. to review by the supreme court of tn
United States, with the provision tina
the operation of the decree appealed from
hall not be stayed unless the supre:n
should be empowered in its discretion t
: restrain or suspend the operation of a.
y order of the interstate commerce commits
sion under review pending the final hear
|. ing and determination of the proceeding
d but no such restraining order should b
made except upon notice and afetr hear
ing, unless In cases where irFeparabl
damage would otherwise ensue to the pc
titioner. judge of that court nigh
be empowered to allow a stay of tn
commissions order for period of no
more than 60 days. but pending applca
L ton, then only where his order shall cor
, tain a specific finding based upon eY
d dence submitted to the judge making TIL
i order and Identified by reference theret
n that such irreparable damage would RI
IL suit to the petitioner specifying the ma
8, ture of the damage"
t, Under the existing law the interstat
y commerce commission itself initiates an
,r defends litigation in the courts for IL
enforcement or in the defense of its oil
ders and DEGREES, and for this purpose
r. employs attorneys, who, while subject
"a the control of the attorney general. az
& upon the initiative and under the instru'
tions of the commission This blendin
of administrative, Legislative and jud
.: impair the efaciency of the commissic
~ by clothing II with partisan characteri
h. tics and robbing it of the impartial jud
cial attitude II should occupy In pas
a my opinion all litigation affecting Il
Il government should be under the dire
control of the department of justice; ar
] therefore recommend that all proeee
A.. ings affecting orders and DEGREES of Il
~ Interstate commerce commission
w. brought by or against the United Stat
go nomine. and be placed in charge of {
assistant attorney general acting nnd
W the dissection of the attorney general.
Would Permit Agreements.
:. Coming to the subject of railroad peo
70 and traffic agreements. the preside
sThe Republican platform of 1905 e
NO pressed the belief that the intersta
aS commerce law should be further amen
ed SO as to give the railroads the rig
- to make any public traffic agreemen
= subject to the approval of the comm
sion, but maintaining always the pr,
ciple of competition between natural
competing lines, and avoiding the col
mon control of such lines by any mea
whatsoever.