The Washington times., 1911-11-11
FIGHT COMING ON
COMMERCE COURT
Lively Contest in Congress Over Abolition of That Judi
cial Body Practically Certain-lnterstate Com
merce Interference Pointed Out.
Bx IupsoN c. WELLIvER.

Not only the Court Of Commerce, but
the Federal judiciary In general. will
come in for such q frank discussion In
Congress the coming session, as has
never before been known.
The progressives in both parties and
both houses are getting ready to direct
public attention to what will be char
acterized as usurpations Of authority by
courts.
A resolution, 1t is said today, probably
will be introduced, looking to an amend
.ment Of the Constitution that will
Withdraw from any court the power to
nullify an act Of Congress on the ground
This will be supported with the argu-
ment that the authority to determine
the constitutionality of legislation ought
to rest with the body that legfslates,
rather than with any other. 1t Will be
urged that the courts. 30 long as they
possess the power to annul laws, are In
fact superior to the legislature, IN the
very realm which is presumed to be oc-
That such a resolution will pass at the
coming session Of Congress is not seri-
ously believed even by people who favor
II. But they want the discussion to be
opened, and will take this occasion to
start the consideration.
Some Hot Speeches.
A series Of the hottest speeches de-
livered in Congress in many years is
promised. Judge Sims. of Tennessee.
will open the proceedings by introduce
ing his bill for abolition OF the Com
sible opportunity deliver speech which
will sizzle from introduction to perora-
ton. He has been working on 1t all his
leisure during the summer and autumn,
and has prepared himself to discuss
specific Instances in detail. He will by
no means confine himself to considera-
ton of the actions OF the Commerce
Court, but will take up long line OF
cases involving Interstate commerce. the
jects. with the purpose to show how
seriously the power Of the legislative
branch has been impaired and curtailed
already.
People who have for years made a
speciality of interstate commerce legisla-
ton, are declaring today that the Court
of Commerce, II It Is sustained by the
Supreme Court, Is going presently to
commerce regulation. On the point of
the Supreme Courts attitude there is
a sharp difference of opinion.
"The Supreme Court did not fancy the
creation of the Commerce Court, and
will be disposed to treat 1t with mighty
little consideration" declared one pub
lie man. 'The Supreme Court has given
q line Of decisions, which hold that the
courts cannot interfere with the dis
cretion Of the Interstate Commission
cannot go behind its finding Of fact. II
will stand by those decisions, and over
rule the Commerce Court"
But, quite to the contrary, another
specialist In interstate commerce mat
ters. with a good deal Of earnestness,
put 1t thus:
Policy of the Court.
"The Commerce Courts policy is 60.
ing to be to enjoin the orders Of the
commission right along, and the Su.
preme Court will sustain II. Remember
that prediction. The courtesy of court.
| toward each other that the disposition
| is not to overrule the lower court un.
less 1t Is unavoidable: that the genera
disposition of the judicial mind on these
questions Is that these things will cause
the Supreme Court to stand behind the
commerce body"
whats going to be done about it.
them" was asked.
There's nothing to do about it," was