The Washington herald., 1913-05-07
BILL aimed TO SAVE.
THE commerce court
Senator-eleet Broussard Introduces
Measure Calling for Reor-
xanization.
THE FEATURES ARE EXPLAINED

In an effort to save the Commerce
Court which the Democratic House de-
termined to abolish last session, Sena-
tor ELECT Broussard of Louisiana YES
terday introduced bill in the House
calling for reorganization of the court
along lines suggested by criticisms OF
the tribunal The principal feature OF
the Broussard bill is a clause permit
ting the court to review negative orders
Of the Interstate Commerce Commission
Senator-elect Broussard last night gave
out the following statement regarding
the bill:
The main charges in my bill as COM
pared with existing law concerning the
Commerce Court are:
"First, quorum shall be composed OF
three. instead Of four, judges. simply to
expedite business. which every shipper
wishes done.
Commerce Court and the review of or
ders Of the Commission shall apply in
negative and affirmative orders alike.
This provision gives the same right to
the shipper that is accorded to the
carrier under the present law and in
effect. must make the Commerce Court
an impartial body between these two
contending forces as against the one
sided jurisdiction which now only per-
C,
which right is denied the shipper. The
charge heretofore urged that the Com
merce Court is a railroad court will fail
at once when shippers understand that
the law, and not the court, heretofore
prevented them from having an opportu-
nifty to present their case before the
court on questions of law.
Third. My bill vests Jurisdiction of
appeals from the Supreme Court of
n
from the District Court of the Canal
Zone, taking that jurisdiction away
from the Supreme Court of the United
States, and will relieve, the Supreme
Court Of the superabundance of cases
which time will not permit it to de-
eide without unusual and disastrous de-
lays. 1t. however, does not contemplate
to make the Commerce Court of final
adjudications and of appeals from, our
insular possessions. but it does make
these decisions subject to review on
questions of law by writs of certiorari
My bill also proposes to make the In
terstate Commerce Commission the de-
PENDANT before that or any other court.
and it further provides that complain
ant, whether carrier or shipper
as A defendant. shall file with the COM
mission a certified copy of the proceed
ings had before the commission, in
iduit Vi "HItn tilt COMMISSION maze
its findings and issued an order which
will expedite the decision OF the court
and add relief to the complainant,
whether he is shipper or a carrier.
The present method of taking anew
testimony lends itself only to delay, and
delay in securing adjudication upon
questions Of law lends itself only to
the benefit of the shipper and the dis
advantage OF the carrier.
La
the Interstate Commerce Commission
and not the United States shall he
made party to proceedings in the court
and that the United States, through
its Attorney General. can only inter-
vene in the public interests. 1t places
the responsibility for the defense of the
orders OF the commission in the COM
mission itself. for which Congress has
made provision by allowing the commits
sion to have counsel to represent it in
any proceedings in which its orders are
being attacked"