The Birmingham age-herald., 1911-02-12
COURT OF COMMERCE
 OPEN FOR BUSINESS Will Hear Appeals From Com
 merce Commission PERSONNEL OF COURT Five Men Who Compose Tribunal Are Martin A. Knapp, William H. Hunt,
 Julian w. Mack, John E. Car-
 land and R. w. ArchboId
PERSONNEL OF COURT


 Invested with great power and given a place of almost limitless authority over the industrial and economic destiny of the nation, the new Court of Commerce formally " opened for business' February 1st.. It is popularly called "the supreme court of railroads" It is higher court than the Interstate Commerce Commis- sion, 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 de- cisions.
 There are vast interest at stake before this new tribunal which was created by the present Congress at its second session. It marks new and significant step In advancing the power of the Fed eral government over the railroads of the nation. It was created because Presi- dent Taft saw that the Interstate Con- merce Commission could not much longer maintain the joint role of prosecutor and judge. The commission is to be the | militant. aggressive and watchful guardian of the peoples interest; the commerce court Is to be the arbiter be- tween the railroads and the shippers. The new court will have Jurisdiction over questions arising under the inter- state commerce law on appeal from tho commission. There are some exceptions to this rule. however. Tho law does not give the commerce court jurisdiction in cases involving the collection of penal ties, the infiction of criminal punish ment, or the enforcement of any order Of the commission for the payment of money; all appeals in these cases go over its head, and are to be taken di- rectly 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 now be focused in | the commerce court. Lack of uniformity in the interpretation of the law has con- fused the minds of business men and clogged the dockets with bewiidering maze of decisions, many of which are contradictory: When these cases were appealed to the United 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 uncer- | tainty and suspense that was demoral- | izing.
 The initial calendar of the new court will contain 25 cases involving the validity or orders of the Interstate Commerce Commission. All cases now pending in | the various federal courts relating to | railroads, over which the commerce court is given Jurisdiction, have been au- tomatically transferred to its docket 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
 Commission In his first selection, and
 made its chairman. Martin A. Knapp,
 chief justice of the new court. MT. l knapp's confirmation was at first op- posed in the Senate becaused he was be- | lieved to have pre-railroads tendencies | That he is admirably equipped for the | chief 1usticeship cannot be denied.
 Martin A. Knapp received his early schooling at Homer, N. Y, but was com pelled to strike out for himself at IT years of age and earn his own living. Alter several years of country school teaching at meager salary, young Knapp passed the bar examination and became law clerk at Syracuse, N, Y. He specialized in business and indus- trial Jaw and his advancement was rapid. the interstate Commerce Commission in lSs1 He was elected by his associates as chairman in 1898, and held that post ton until his present appointment.
 Judge William H. Hunt, another mem Der or the court, was born in New Or- leans in 1857. He is Yale man, and has had varied experience in the public 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 custom appeals but resigned that position to accept his present one. For three years Judge Hunt was governor of Porto Rico. and was instrumental in formulating a national policy for the island He re- signed the governorship to become United States district judge for the dis trict of Montana in 1904.
 Another forceful personality cn the court of commerce bench is Julian w Mack of Chicago. He was born in San francisco in 1866, and graduated from the Harvard law school in 1Ss7 He was admitted to the bar in Illinois and prac- tced law from 1890 to 1903, when he was appointed civil service commissio,er for the city of Chicago. In 1904 he was elected judge of the Chicago Juvenile court, and in this capacity achieved a national fame second only to that of Judge Lindsey of Denver.
 John E. Garland Is a native of New York, but his legal reputation has been 'nade in South Dakota. He is an alum aus or the University of Michigan, and vas appointed United States attorney for the territory of Dakota in 1885. He was member of the constitutional conven- ton which framed the constitution for North Dakota and was appointed United states judge for the district of South llakota Tn 1886, and held this office when President Taft called him to assume an associate justiceship of the commerce court.
 The fifth member of the court is Robert w. Archibald, who was born at Carbon dale, Pa, in 1s4S. and graduated from
 Yale In 1871. He practiced law in Scran- ton, Pa, until he assumed a judicial po- sition in lSs6 He has held this place con- tlnuously until the present appointment.
 An enlargement of the present bowers of the commerce court will be asked of congress. It is promised to give 1t con- trol of the issue of railroad stocks and bonds, and to empower it to make physl cal valuations of railroads When this is done federal supremacy over the trans- portation interests of the nation will be complete. No small stockholder, victim !yed by sinister policy of over-capital- i7ation, no shipper or community discrim- mated against in the matter of rates. will be without redress.
 
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 Bucharest, February 11.-(SpeciaIl- Bank notes and securities worfl, can noo