Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-12-04
CORPORATION BOARD
Plan Of CONGRESS
INDICATIONS POINT TO CREATION
OF NEW Administrative
BODY.
PATTERNED ON LINES OF
COMMERCE COMMISSION
QUESTION of' Right. Of Court. to Inter.
fsrs 1Witi, ~ Ruiinss to Become Big
I..u.4-R.iI Commission Now Much
. Embarrassed BY Modelling Of Com
msres Court With lite Orders.
Especial Correspondence.

washington, dec. 4-Inat the ques-
ton Of the authority Of the federal
courts in dealing with interstate cor
porations, is going to become one of
the most serious phases Of the corpor-
alton regulation problem which is now
before congress is becoming more and
more apparent.
Indications are pointing strongly to
the fact that when congress finally leg
islates with respect to the control OF
corporations it will create another
great commission, comparable to the
interstate commerce commission. This
suggestion runs thru much Of the tes-
tin.ony being brought out before the
senate interstate commerce commit
tee. Moreover the idea has been much
discussed in congress. The NeWlands
bill provides for such a commission
and the idea is apparently taking more
and more firm hold on congress.
Court Question Again.
If such q commission. or any branch
Of the government, is given the work
Of administering the law as to corpor-
ations, then the question which will
become acute is the very one which
has become acute In carrying out the
interstate commerce law, that is. how
far the courts can step In and review
the findings of the commission and I'M
der what circumstances the rulings OF
the commission can be set aside.
President Seth Low. of the National
Civic Federation, when before the
senate interstate commerce committee
strongly advocated an interstate cor
poration commission and emphasized
the fact that appeal should lie from the
com mission to the federal courts.
Judge Gary did likewise. From their
representations, and in other ways, 1t
is apparent that exactly the same
problem Of court review that has caus-
ed so much trouble with respect to
railroad regulation is certain to loom
up.
Regulation Plan Gaining.
It is quite clear that the idea OF
some form Of federal regulation of the
corporations is gaining ground In con-
gress Moreover, when legislation is
had, 1t is equally clear that congress
is not going to entrust the admins
tration of the law to any mere bureau
Of the government or to any one head
Of a department, in other words to
mere political appointee. 1t is almost
inevitable, as things look now, that
congress will entrust the enormous re-
sponsibility of controlling the corpora
lions only to strong commission and
probably make the commission re-
sponsible to itself rather than to the
president. It is not indeed at all i'm
possible that the present interstate
commerce commission shall be given
the administration Of the law. While
the interstate commerce commission Is
now hard worked, on the other hand
control Of the interstate corporations
would dovetail closely with control OF
the railroads and other common car
riers.
Commission Embarrassed.
Just now, the interstate commerce
commission Is much embarrassed be-
cause of the disposition of the court OF
commerce to enjoin its orders. Con-
gress is stirred up over this situation.
It may therefore be expected that
when congress gets around to the
question Of how far the federal courts
can take hand in the regulation Of
Industrial corporations 1t will be ex-
tremely slow to lend the courts any
more authority than that of narrow re-
view on law pOlntS. OtucTWlSep ally
plan Of committing federal regulation
to commission or to any bureau or
branch Of the government will be mere
Nv in the last analysis. throwing the
regulation Of the corporations into the
courts.
1t is expected this phase of the cor
poration problem will receive attention
In congress when the court of COM
merce repeal bill of Judge Simms
comes up for discussion as 1t is now
known that 1t will. Judge Sims pro-
poses not merely to repeal the law es-
tablishing the commerce court but to
adjust with much care the law with
respect to the Jurisdiction Of the fed
eral courts over orders Of the inter-
state commerce commission.
Commerce Court Doomed.
Recently. Judge Sims has been con-
ferring with Senators Cummins. Bor-
ah and other progressive republicans
on the senate side and he fnds them
favorable to getting rid of the COM
merce court. From a careful analysis
of the situation in the senate, Judge
CascaretS Cure a