Bisbee daily review., 1912-03-29
ASK COMMERCE
 COURTS DEATH
Arizona Corporation Com. mission Prepares Petition That Will Go to
 Washington
TEXT OF DOCUMENT

NJ session or the Arizona stat
 Corporation Commission held Marcl
 26, 1912, the members of that bod.
 unanimously resolved to petition con
 gress Co support the bin for the aboli
 ton Of the commerce court
 The reasons of the commission ar,
 eiven at length. and immediate actioI
 by the nauon lawmakers is urged
 in order that the cases which ar,
 bound to arise in the adjustment o
 express tariffs may have immediate
 consideration in federal courts and
 in those jurisdictions
 The memorial is as follows:
 The corporation commission of Ari-
 zOna, respectfully asks it's honorable
 senators and representatives in con-
 gress to support the Sims bill now
 pending in the house. or any o.-aI
 effective measure looking to the ab-
 oliliOn of the Commerce Court We
 would also suggest that an amend
 ment to the Interstate Commerce act
 making decisions of the Interstate
 Comerce Comm sslon reyicwable only
 by the supreme court would tend 10
 appellate the adjudication of traffic
 and transportation controversies
 We are of the opinion that early
 action will be welcomed by the sew eral states that provide that cases arising under corporate commission. railroad commission and public ser Vice laws, shall take precedence over other civil cases in federal courts.
 Jurisdiction Of the commerce court is confined wholly Co appeals from decisions in the Inters state Commerce Commission. The commission pro- perly appeals its reversals to the sup remo court. The commerce court thus unnecessarily delays settlements, such delays being against the common eOod
 We respectfully invite your atten- tion to the last annual report Of the Interstate Commerce Commission re- viewing the work Of that body: The first session of the commerce court was held Iebruary l5, 1911. There were transferred from various cir cult courts to the commerce court upon it's organization, thirty cases, i and there have been filed with tho court, twenty-one eases. O. 1 the total number. fity-four concerned ' orders Of the commits 'lon. or these !. q. ty-. our cases, one was brought by the commission to enforce its order, nine were brought by shippers claim ing that the orders of the commission did not grant proper and lawful relief: and fCrty-fCur were sults brought by Carriers to enioin the commissions 0s ders lt will L5 seen by t-e report 0f the commission that many cases oi vital interest to Arizona and the west. decided by the commission in favor uf the shippers have been en- joined or reversed by the commerce . court and by the commission appeal ed to the supreme court Among the cases is the inter-mouutaiu COmmOd- ity rate cas- the Maricopa county commercial club. complainant. the Los Aueele--Sau Francisco switching charge case. Oi direct and material interest to the shippers oI Tucson, who are subject to an arbitrary switch ing charge and who have a case be- fore the Interstate Commerce Com mission. the Los An-eles lemon rate case. in interest to the citrus belts Of and where the principles ln- yolyed are generally of intel st. The more important cases reversed or en- joined by the commerce court have been appealed tu the supreme court and. without cXI res-iug opinion as Co the merits of different orders and opinions expressed by the court and We believe the commerce court is an unnecessary tribunal be- ing in effect. - second commission that decisions uf the commission should be carried direct Co the sup -eme court and there take precedence over other civil eases.
 It will be noted that in Section 8. Of ! . a act to create commerce court. that the peudeucy of suits brought 10 crirf- -- 1-idn aanUl or susp nd my st,.. -amerce shall not in itself stay 1r suspend the operations or lEE ,rder of the commission. but the com rerce court. in its discretion. may re- strain or susp nd the operations 0 he commissiJns order, pending fin al determination 4 review of the work of the court shows that said .o.rt has used it's discretion very .roadlv in favor of the carriers in sus- bending orders Of the commission, bus denying the shippers tla Dene- it of appeal # carriers accomplish sd nothing else except delays, it fol- . owed that they yrOdted largely uy lelays and thus encouraged unneces- iary litigation.
 In our opinion. orders Of the com mission should hc effective and re- main in effect until final determine ion is made by the supreme court This will discourage appeals merely 1 fat the ayps iauts may continue 10 ,eceiye rates and charges in excess ,f what have Leen deemed reason .ble rates and charges by the Inter .tats Commerce Commission.