The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-09-30

man. he accepted the Judgment of the
committee. and supported the measure
on the House floor with such vigor
4 as he could summon to cause. which
he did not personally espousei
There ts little doubt that the simms
bill will pass tho House II 1t gets out
of the committee, AIr. Manns attitude
On 1t will be very important II he
stands by his convictions, ne will sup
err he Is In wey the administration
spokesman on the floor. To support
the simms MEASURE would be to break
with President Taft on a subject, on
which the President Is very insistent
He believes firmly In the Court OF Com
merce. 1t was about all he eaved out
of the original railroad measure ahat
he and Acknowledgement Wickersham
drafted: and he has insisted that the
Commerce Court and the tariff board
would make good II given a fair
chance.
Opposition to the Court OF Commerce
has been developing long time. One
reason assigned is that the court has
so little business. 1t is composed of
five circuit judges, who do no other
work, together with an expensive and
duly dignified staff and u complete
establishment. The economy argu-
ment will be a serious one.
The President, realizing that the
court hasn't enough work 20 keep IL
busy, declared in his Bar Association
speech in Boston recently he would
recommend making ii also court of
patent appeals. with exclusive circuit
jurisdiction of all patent cases. This
would give II wIrk enough.
Hopes to save 1t.
When the President made this an
nouncemenr some surprise was ex-
pressed, but inquiry developed that
some OF the enthusiastic supporters of
the court have for a long time been
urging this patent court plant as an
excuse for keeping the court in ex-
lstence. The Presidents advocacy OF
the plan indicates his determination to
use all means to save It.
Mr.. Simms, asked about this plan,
said to-day:
~ am not for that. either. One
strong reason for establishing the
court was that II would be good TO
have a bench that devottng itself ex-
clusively to interstate commerce cases,
would become in a way expert in that
branch OF the law. Well, pile the in
tricate patent law business IN the COM
merce business, and the court would
have poor chance to become expert
at anything"
Such q measure as Mr.. Sims proposes
will be almost certain to emphasize the
breach between the factions of the
Republican party. where there has al
But for the urgent pleadinSs of ad-
But for the argent pleadings OF ad-
ministration agents, the Senate would
have stricken the court from the bill;
q number of Senators voted for 1t out
OF amiability rather than from belief
in tho court.
Despite the fact that the court Is
not popular at interstate commerce
headquarters 1t is doubtful II the In
terstate commission would like to see
1t abolished Before the Commerce
Court was created the railroads used
TO take their cases against the COM
mission very largely into the courts
OF Judge Sanborn and Judge Grosscup,
where the mathematical chances OF
getting the orders. injunctions. etc.
that they wanted proved an experience
to be very large. The Commerce Court
took all jurisdiction OF such cases away
from these and all other circuit judges.
Even IL the Commerce Court has not
been kind toward the commission, there
is grave question whether to return
to the old procedure, under which the
railroads could select their form and
commonly choose to go before judges
whose tendencies they we'll know
would be desirable. P. H. MEG.
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