Evening star., 1914-07-31
POMERENE'S PLAN
MAY Be ADOPTED
Committee Favors His Substi-
tute for Section 5 of Trade
Commission Bill.
PROVIDES FULL COURT
REVIEW OF DECISIONS
Senator Cummins Urges Narrower
Judicial Review, as Stipulated
in His Substitute.

When the Senate assembled today Sen
state commerce committee had today
voted to accept the substitute for section
3 of the trade commission bill offered by
Senator Pomerene yesterday afternoon.
This action gives the Pomerene substitute
a strong standing. and it probably will
be adopted. It provides for full court
review of all decisions of the commission
In cases Of alleged discrimination
Senator Cummins Of Iowa offered his
substitute for section ) as a substitute
for the Pomerene substitute. Senator
Cummins' proposition is for a narrower
court review than provided in the Pom
creme amendment. 1t gives the commits
sion the same authority for enforcing its
orders in cases OF unfair competition as
that Of the interstate commerce commits
sion In cases Of unjust discrimination in
railroad rates.
cummins Urges His Substitute.
Senator cummins argued in favor Of
the narrower court review. as provided In
his substitute for section 5.
IF the commission fails in its duty or
efficiency" said Senator Cummins, Con
gress can legislate It out of existence.
But Congress has no authority over the
judiciary"
Senator Reed Of Missouri took the no.
sition that a full court review should be
granted In all cases Of alleged unfair
competition.
THE senator from Missouri is making
the same arguments that we're made on
the floor Of the Senate in 1906, when the
act granting the interstate commerce
commission more powers was debated. !"
mi 111ly
at that time that to give the commission
such powers would be to destroy the
railroads. But this has not been the
case"
Predict Passage Before Week End.
Passage of the interstate trade commits
sion bill, first measure on the admins
tration's antitrust program. before to-
morrow night was predicted today by
administration and republican senator's
Senator Newlands. in charge OF the bill.
was determined to urge q vote at the
earliest possible moment.
An important amendment to the trade
commission bill awaiting action today
was that offered by Senator Pomerene of
Ohio. to section Of the measure relat-
ing to unfair competition. 1t provides a
full court review of decisions Of the COM
mission In cases Of alleged unfair COM
petition.
Discussion Of the trade commission bill
yesterday afternoon centered upon the
nature of court review to be provided for
the orders Of the commission in cases OF
unfair competition.
Provision for Burden of Proof.
Senator Pomerene's amendment would
provide that the burden Of proof should
be on the corporation in the courts, and
that only such evidence should be present.
ed to it az could not with reasonable dill
gence have been presented to the commits
sion.
'.The term unfair competition is uncer-
tain in its meaning" said Senator Pomer-
enc. land I for one am not willing to
intrust the definition and application OF
that term exclusively to a body Of five
men. none of whom may be learned in the
law"
Senator Cummins denounced the amend.
ment and declared 1t was the same fight
as that waged in 1906. when the railroads
wanted the law to provide for a retrial
in the courts Of the facts presented to the
Interstate commerce commission.