The Washington times., 1913-01-16
COMMERCE COURT
:. IN DIRE PERIL.
Plan for Adjustment of Body Is Opposed By Interstate Com
merce Commission, Although Funds
Are Cut Off.
By IUDSON c. WELLIYER.

Whether the Court of Commerce will
be abolished or reorganized, is one of
the questions 10 which the Democrats
are giving careful attention. 1t will not
be acted upon, in all probability, until
after the new Administration comes
into power.
Congress meets the court as now con-
stituted will have distinctly disintegra-
ted OF its original five members, one
has been removed, and another. Judge
Garland. will be due in February to
return to the circuit; his term on the
special court will expire at that time.
This will leave three judges. Knapp,
Mack, and Hunt
Serious consideration is being given to
various plans for the futuref One is
to abolish the court entirely and trans
fer Its Jurisdiction to the district courts.
Another is to reduce II to a court of
three and let the three judges who will
be assigned ts it Sfter Judge Carland's
retirement, constitute its bench. Still
another Is to legislate the present per-
sonnel out of the court and let Presi-
dent Wilson appoint a bench Of three
standards of prigressivenesA
The last session of Congress left the
Court suspended like Mahomet's coffin,
between existence that couldn't be end
ed. an da process of starvation. The
judges and the court couldn't be abol-
ished but the appropriation for run
ming the court after March 4 was cut
off That would leave its judges to
draw slaaries and vested with their gen.
eral powers and jurisdiction; but with
out aany money to conduct the business
of the court. This is an anomalous sit
uation that everybody recognizes as i'm
possible
So the Senate has voted to grant
money to pay the courts expenses until
June 30. The present expectation Is that
the House will acQuiesce, and the court
rortant reorganization will be insisted
upon soon after the new administration
come into office. is almost universally
believed.
Senator Clarke. of Arkansas. in an
that he would vote to continue
paying the courts expenses till the fiscal
years end, stated that he expected be-
fore many months the whole question
would be presented in broad way, so
that II could be acted upon in all its
rSfallOns. MS was taken as lnQ1Cdt-
ing that the Democrats intend TO lose
no time doing something sweeping.
Court Wellnigh Helpless.
The question is whether there shall !
be a commerce court, or no commerce |
court The present courts case is we'll
nigh hopeless. Democrats generally, |
with progressives and liberals
Of all shades, are more disposed than
last session to preserve some sort Of !
commerce court, because the Interstate |
Commerce Commission wants such a
court. preferring It to the old system
,f distributed Jurisdiction and connict-
ng decrees.
But the Democrats and liberals gen.
orally don't like the present personnel I
1f the court, and there Is reason to
suspect that President-elect Wilson |
The problem OF taking |
ARE OF the judges. who. as judges can
not be abolished or divorced from their
salaries. Is not so difficult as it was a
short time back. There are only four
,f them now. Judge Knapp. II is stated /
,- his friends, will under no conditions