Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1910-01-08
SUBMITS A LENGTHY ADDRESS ON IN
TERSTATE COMMERCE COMMIS-
SION AND ANTITRUST LAW.

~~N~~Se~SeS~S~s~sesesr~ ~sN~S~"Sese~~s"~~e~-S~
does not require the services of all
the judges, to re-assign the judges
designated to that court to the
circuits to which they respective
ly belong; and it should also pro-
vide for payment to such judges
while sitting by assignment in the
court of commerce of such addi-
tional amount as is necessary to
bring their annual compensation
up to $4,000. The regular ses-
sions of such courts should be
held at the capital, but it should
be empowered to hold sessions in
different parts of the United tSates
if found desirable; and it's orders
and judgments should be final, sub
ject 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 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 COM
cerce commission under review,
pending the final hearing and de-
termination of the proceeding, but
no such restraining order should
! be made except upon notice and
after hearing, unless in cases where
irreparable damage would other
wise ensue to the petitioner A
judge of that court might be em-
powered to allow a stay of the COM
missions order for period of not
more than sixty days, but pending
application to the court for it's
order or injunction, then only
where his order shall contain a
specific finding based upon the EVIL
dence, submitted to the Judge MAX
ing the order and identified by ref
erence thereto, that such irrepara-
BILE damage would result to the
petitioner, specifying the nature of
the damage.
In view of the complete control
over rate-making and other prac-
tices of interstate carriers estab-
lished by the acts of congress aud
as recommended in this communj-
cation, | see no reason why agree
ments between carriers, subject to
the act specifying the classiiica-
tiol Of freight and the rates fares
passengers and freight which they
lmay agree to establish, should not
be permitted, provided copies of
such agreements be properly filed
with the commission, but subject
to all the provisions of the inter
state commerce act and subject to
agreement to cancel it as to all OF
any of the agreed rates, fares
charges, or classifications by thirty
; days notice in writing to the other
parties and to the commission.
Much complaint is made by ship.
pers over the state of the law un,
der which they are held bound tC
know the legal rate applicable tc
any proposed shipment, without, as
matter of fact, having any GER
tain means of actually ascertain
ing such rate. 1t has been sug
: gested that, to meet this grievance
carriers should be required, upor
application by shipper, to quote
the legal rate in writing, and tha
the shipper should be protected il
acting upon the rate thus quoted
but the objection to this sugges
tion is that it would afford mucl
too easy method of giving to fav
ored shippers unreasonable pre-
ferences and rebates.
| think that the law should pro
vide that a carrier, upon writer
: request by an intending shipper
u should quote in writing the rat
. or charge applicable to the pro
posed shipment under any schedul
or tariffs to which the carrier is
party, and that, If the party max
ing such request suffer damage i
u consequence of either refusal o
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