The Birmingham age-herald., 1923-12-07

tion of which Is proceeding under the direction of the department of com merce by joint conference with the local authorities. Railroads.
 Criticism of the railroad law has been directed, first. to the section laying down the rule by which rates are fixed, and providing for payment to the government and use of excess earnings; second, to the method for the. adjustment of wage scales; and third, to the authority permitting consultations.
 It has been enormously assumed that the act undertakes to guarantee railroad earnings. The law requires that rates should be just and reason able. That has always been the rule under which rates have been fixed. To make a rate that does not yield fair return results in confiscation, and. confiscatory rates are, of course, unconstitutional. Unless the govern ment adheres to the rule of making rate that will yield fair return, it must abandon rate making all. together. The new and important feature of that part of the law is the recapture and redistribution of excess rates. The constitutionality of this method is now before the SUI preme court, for adjudication. Their decision should be awaited before at tempting' further legislation on this subject. Furthermore, the importance of this feature will not be great if consolidation goes into effect.
 The settlement of railroad labor disputes Is a matter of grave public
 
 tablished to protect. the public in the enjoyment of continuous service by attempting to insure justice between the companies and their employees. It has been great help. but is not al- together satisfactory to the public, the employees. or the companies. If substantial agreement can be reached among the groups interested, there should be no hesitation In enacting such. agreement into law. If 1t is not reached, the labor board to protect sthet public welfare.
 The law for, consultations Is not sufficiently effective to be .expedl- tious. Additional. Legislation Is needed giving authority for voluntary con- solidations, both regional and route, and providing government machinery to aid and. stimulate such action. all ways subject to the approval of the Interstate. commerce commissions. This should authorize the commission to appoint committees for each proposed group. representing the public and tho component roads with power to negotiate with individual security holders for an exchange lof their se- curities for those of the, consolidation on such terms and conditions as the c0 m g n mi a V rr hat fnr A. ing any confiscation and preserving fair values Should this permissive consolidation prove ineffective after a limited period the authority of the government will have to be directly invoked. jak W
 Consolidation appears to be the only fesible method for the main tenance of an adequate system of transportation, with an opportunity so to adjust freight rates as to meet such, temporary conditions as now prevail in some agricultural sections. Competent authorities agree that, an entire reorganization of the rate structure for freight is necessary This should be ordered at once by the Congress.
 Department Of Justice.
 As no revision of tho laws of the United States has been made since 1878, commission or committee should be created to undertake this work. The judicial council reports that two more district judges are needed in the southern district of New York, one in the northern dis trict of Georgia. and two more cir- cult judges in the circuit court of appeals of theNeighth circuit. Legis- lation should be considered for this purpose.
 It Is desirabls to expedite the hearing and disposal of cases. A commission of federal judges and lawyers should be created to recom- mend legislation by which the pro- cedure in the federal trial courts may be simplified and regulated by rules of court, rather than by statute; such rules to be submitted to the Congress and to be in force until annulled or modified by the Congress. The supreme court needs legislation revising and simplifying the laws governing review by that court, and enlarging the classes of cases of too little public importance to be subject to review. Such re- forms would expedite the transac- ton of the business of the courts. The administration of justice Is like ly to fail if it be long delayed.
 The national government has never given adequate attention to it's prison problems. It ought to pro- vide employment in such forms of