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prosecution shall be paid out of the appropriation for the expenses of the courts of the United States. (Sec. 16.)

Third For the purposes of this Act, excepting its penal provisions, the Circuit Courts of the United States shall be deemed to be always in session. (Sec. 16.)

Comments upon the Sections Creating InterState Commerce Commission.

An analysis of the sections, which we have given in this chapter, relating to the creation and powers of the Inter-State Commerce Commission, shows that Congress has attempted, under its general right to "regulate commerce," to form this Commission into a tribunal that is unique and extraordinary both in law and business. A study of the A study of the powers of this Commission shows that Congress has clothed it with more important and extensive judicial attributes than have ever been conferred upon any tribunal created under the laws of the Federal Government.

The Commission becomes, under the Act, not only a suitor or party, but it is a judge in its own causes.

It not only possesses all the powers of a petit

jury, but it has conferred upon it all the inquisatorial attributes of a grand jury.

First: The Commission has not only the power to investigate charges against railroads or common carriers made by any person, firm, corporation, or association, or body politic, or municipal organization, whether such person, firm, corporation, association, or manufacturing society, or body politic, or municipal organization has any interest in the subject or not; but it may investigate any complaint forwarded by a Railroad Commissioner or Railroad Commission of any State or territory.

The fundamental principle upon which courts act is, that no person can invoke their aid or use their processes unless he has some personal interest in the subject-matter involved. That principle is entirely set aside by this law, and the Commission is authorized to begin investigations at the instance of anybody who chooses to inaugurate them; and it is, moreover, enjoined to dismiss no complaint "because of the absence of direct damage to the complainant."

But more than this, the Commission has the power to set its own machinery in motion ex mero motu, and it is given the authority to institute any enquiry on its own motion, in the

same manner, and to the same effect as though complaint had been made. (Sec. 13.)

Second: The powers conferred upon the Commission, in respect to the method of investigating charges, are also extraordinary and singular.

If it shall appear to the Commission, that there is reasonable ground for investigation in any case, the Commission, under the 13th section of the Act, is not only authorized, but it is its duty to investigate "the matters complained of in such manner and by such means as it shall deem proper."

Coupling this unlimited authority, with the power which is contained in the subsequent sections of the Act, allowing the Commission to enquire into the management and business of all common carriers; to obtain from such common carrier full and complete general information necessary to enable the Commission to perform the duties and carry out the business for which it was created, and to compel the attendance of witnesses and the production of books and papers before it without stint; the power of one or more Commissioners to prosecute any enquiry necessary to its duties in any part of the United States into any matter or

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question of fact pertaining to the business of any common carrier subject to the provisions of the Act, together with its right to compel the companies to make annual reports;—considering all these things together, it is impossible to conceive of any branch or element of the business of common carriers, that this Commission may not enquire into, interfere with, and supervise. The Commission is practically clothed with the powers of conducting and controlling the business of all the inter-State common carriers in the United States, and any statement short of this fails to convey an adequate idea of the authority which this extraordinary tribunal possesses.

Third: It is true that the Commission is not authorized by the Act to enforce its decisions, judgments, or decrees, but it has ample power, for that purpose, to invoke the aid of any Circuit Court of the United States sitting in equity in the judicial district in which the common carrier complained of has its principal office, or in which the violation or disobedience of such order or requirement shall happen, and the Circuit Court is empowered to hear and determine the matter on such notice to the common carrier complained of as the court shall

deem reasonable, and such notice may be served upon the common carrier, his or its officers, agent, or servants in such manner as the court shall direct. (Sec. 16.)

If this legislation is valid, it creates a remarkable enlargement of the powers of the Circuit Court of the United States, because, under the 629th section of the Revised Statutes, which is not repealed by the Inter-State Commerce Act, it is provided that "no civil suit shall be brought before either of said courts, against any person, by any original process or proceeding in any other district than that whereof he is an inhabitant, or in which he shall be found at the time of serving such process or commencing such proceeding." But if this Act is constitutional, power is conferred upon any Circuit Court to entertain a suit, of an original character, in equity, although the defendants. are neither inhabitants of, nor found within the limits of the jurisdiction of said Circuit Court: and a Circuit Court, sitting in a district for New York, is empowered to bring within its jurisdiction a common carrier or person residing in Florida, or Dakota, or California, by having a notice served on such carrier personally, or by mail or otherwise, as the court may

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