The Washington herald., 1911-02-12
new COURT VESTED
WITH GREAT POWER
Acts as the Arbiter Between
Railroads and Shippers.
DECISIONS MAY BE FINAL
Headed by Judge Martin A. Knapp,
Commerce Tribunal Will Settle
Vital and Far-reaching Questions
Relating to Industrial and Eco
nOmic Destiny of Nation.

Invested with great power and given a
place of almost Iimitless authority over
the industrial and economic destiny OF
the nation, the new Court of Commercs
formally opened for business last Wed
nesday. 1t is popularity called the su-
preme court of railroads" II is a higher
court than the Interstate Commerce Com
mission, and has appellant Jurisdiction
over decisions of the commission. Except
in rare cases there will be no appeal to
the United States Supreme Court for its
decisions.
There are vast interests at stake before
this new tribunal, which was created by
the present Congress at its second ses-
sion. 1t marks new and significant step
in advancing the power of the Federal
government over the railroads of the ma
ton 1t was created because President
Taft saw that the Interstate Commerce
Commission could not maintain the joint
role of prosecutor and judge. The COM
mission is to be the militant, aggressive
and ever-watchful guardian of the peo-
pies interest; the Commerce Court is to
be the arbiter between the railroads and
the shippers.
Jurisdiction Over Appeals.
The new court will have jurisdiction
over questions arising under the inter
state commerce law on appeal from the
decisions of the Interstate Commerce
Commission. There are some exceptions
TO this rule, however. The law does not
give the Commerce Court jurisdiction in
cases involving the collection of penalties,
the infiictlon OF criminal punishment or
the enforcement of any order Of the COM
mission for the payment of money; all
appeals in these cases go over it's head.
and are to be taken directly to the United
States Supreme Court
Vital and far-reaching questions which
have hitherto been left to a score of
varying interpretations in the many
United States circuit and district courts
of the country will not be focused in
the Commerce Court. Lack of uniformity
in the Interpretation of the laws has
confused the minds of business men and
Clogged the dOckets with a bewildering
maze Of decisions, many Of which are !
contradictory. When these cases were
appealed to the Uniteo States Supreme !
Court, years often passed before they |
were reached on the docket and the re- |
suit was that both the railroads and |
the shippers were kept in a state of un- |
certainty and suspense that was de- |
mOralizing.
The initial calendar of the new court !
contains twenty-five cases, involving |
validity of orders of the Interstate Com |
merce Commission. All cases now pend |
ing in the various Federal courts relat- !
ing to railroads, over which the Com |
merce Court is given jurisdiction, have |
been automatically transferred to its |
docket.
Distinguished Men Selected.
The personnel of the new court is in
teresting President Taft selected men Of
the highest type for the tribunal, men
of distinguished legal attainments. He
drew upon the Interstate Commerce Com
mission in his first selection, and made
its chairman, Martin a Knapp, chief |
justice of the new court. Mr.. Knapps
confirmation was at first opposed in the
Senate because he was believed TO have
prO-raiIroad tendencies. That he is ad-
mirabIy equipped for the chief Justice
ship cannot be denied
Martin a. Knapp received his early
schooling at Homer. y. Y, but was COM
PEELED to strike out for himself at the
age of seventeen and earn his own liv-
ing After several years of country
school teaching at a meager salary, !
young Knapp passed the bar examina-
ton and became law clerk at Syracuse,
y. Y. He specialized in business and
4iOSSNI la law anu MS advancement was
rapid. President Harrison appointed him
TO the Interstate Commerce Commission |
in 1891 He was elected by his associates
as chairman in 1898, and held that posi-
ton until his present appointment
Judge William II. Hunt, another mem
ber OF the court was born in New Or
leans in 1851. He is a Yale man and |
has had a varied experience in the pub
lie service, ranging from collectorship
Of customs in Montana and Idaho in
1881 to the governorship of Porto Rico
in 1901. He was at first nominated as an
associate justice Of the Court of Gus
toms Appeals, but resigned that position
TO accept his present one For three
wears Judge Hunt was governor Of
Porto Rico and was instrumental in
formulating a national policy for the
island. He resigned the governorship to
become United States District Judge for
the district Of Montana in 1904.
Achieved National Fame.
Another forcefuI personality on the
Court of Commerce bench is Julian w
Mack. of Chicago. He was born in San
Francisco in 1856, and graduated from the
Harvard Law School in 1887. He was ad-
mitted to the bar in Illinois. and prac-
ticed law from 1890 to 1903, when he was
appointed civil service commissioner for