The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1894-06-19
HAS THE LAW FAILED
Il REVIEW OF THE INTERSTATE
COMMERCE. COMMISSION.

y
Commission is All Powerful and In
the Position Its Founders Intended
Special TO the Atlanta journal.
WASHINGTON, June 14.-With q
flare of the trumpet and the eclat due
to an unmistakablo expression of the
public will the Interstate Commence
Commission was born seven years ago.
When the act creating this new arbi-
h>ter between the railroads and the peo-
No was passed, tho common belief was
the commission had almost abso-
powers. The appointment to the
fiission were considered the high
4 5mpliment next to place on the
g.yreme Brench, that could be confer
ffed upon jurist, and the first compile
ment of Interstate Commerce Com
missions went to their task backed by
the moral support of the business men
OF the nation.
The early decisions of the commits
sion wero considered revolutionary in
the field of Jurisprudence, and the
railroad investors and managers feared
serious Impairment of their property.
Then the courts began to interfere,
and attacks upon the law, so successful
in the lower courts during recent years,
slowly but not the less surely robbed
the commission of an excuse for eXis-
tence. The commission had the means
to determine what was fair between
the railroad and shipper OF freight,
but it lacked the power to enforce its
findings, and by the famous decision of
Judge Gresham, 1t was denied tho
right to compel the attendance and
Testimony of witnesses. For several
years the impression has prevailed
that the law was imperative and that
the commission existed only rs IN eX
cuse for the payment of big salaries to
politicians and their protcges. The
opinion that tho commission was al
lowed to 60 on simply to save the coun-
try the spectacle of tho abolition of
one OF its pet creations was supported
by the idea that the commission failed
to accomplish the purposes for which
it was created not only by defects OF
the law itself, but by restrictions of &
constitutional nature. and therefore
practically irremedial.
But within few weeks the future
of the Interstate Commerce Commits
sion has undergone complete rover
sal. Three decisions have practically
foorcd all opposition and the law
stands now stronger than at any time
since its enactment. 1t has now been
iudicjally construed in its vital points
by the highest court of the land, and
every essential particular has been up
held.
The first of these decisions in i'm
portance is that of the Supreme Court
Of the United States reversing the de-
Mission of Judge Gresham declaring a
portion of the law unconstitutional.
The Supreme Court holds that the au-
thority is given the commission to re-
auire the attendance and testimony OF
witnesses from any part OF tho United
States and to have the aid of the courts
to enforce the giving of such testi-
mony, and that this delegation OF pow
er is constitutional. Strange as it may
seem, tho commission is here held to
have moro authority than is given to
anv court, in that it can summon wit
nesses from any part Of the country to
testify. ,.-.->> ---...,->-.,,,
.The-iong- ng-and-short-haul clause, and
the commissions construction OF the
same, was again upheld in the United
States circuit court OF appeals sitting
in New Orleans. This is perhaps fully
as satisfactory to the commission as
the decision Of Justice Brewer, as to
what constituted line" which was
reversed. The commission was sns-
tanned in the case known as the so
cial Circle Case" This we'll known
town is on the Georgia railroad, and
the question at issue was, whether 1T
was entitled to the same rates from
Ciho oinhaCi' 40 ~" 40 ',,ooo ~ l;itt
q from chaC poln0 " o,, ono ,n, ano f',Sna ~
Aclty OF Augus.a. 3iin;t,, ,o;nn 10 49, ~
comply, aiiesins ait;enn - NY 49, IN
GplhSGs.IEG 1.I.T, an'' ,.u a. Atio1ta j.,
non: Wli.ian, tt' oe;"i % @H,oI, aosa hoid
aeciuinS ttle HooI, hot tuaon oar..;ors auh'
eha0 aisIlho.tot S,Ioot 80 to tbn nnt ,vas mn
sound, and sustained every position
taken by counsel for the roads.
ING coniuIia9ioh 9l NH, SooM "u a5ot.;,;",
sCaoeu, unu ouusG 5;,,antions ~ ny,l
was revereou mftt IN. na,,,n,;sai A.,
1orGe 'iiS oluoi ~ VI Inois;nn M,ns hosad
jugs No" s t.i;,9nn don;sion ~
upon Vh9 lau' .i,, o nrosid;rot
. ousoice p.omG., .p o;o,,it on,,st ~ annnaIs ~
luaf, vi Sno VI. ImiI ~, t,vn 40 ooo tba effe"t
~ I "ul %, S,Io o don;S;on - ,,nrti0
Oh SnE Wv .tiu1.n ou"no nrd immortant '' u
cu1allJ ''It n 90 tnis Innisidn viii ho tn
lpo 'tsu'v tt' ,,o;irnn5 ii v oon,nanios seekino
coiip1I, 'o in,,'a'' notns fo,. Inrr,e distoncns
10 niaho W. s a;i,noh onnnotit;on to
ny leasoh " snn,,ra norn ssion from
,asPpiy ,,ia.';op W %,a Tbn dnn;s;o 10 also
GnJ; ,'.;.S aao;sinn of Tho Sunremo
"a my w "tIi tI " na'n of tho rTnion pac;fc
;I, Souru nn Sno Cnndrid~a Co. which recoo.
iS rai.lW"S s;m,ilar w. ,ower IN The raiIroaa
niSes a, nf tho Stata nf cnIorado
coi,llntssionoa Ia 81. 80 ", ',U sooass and U;ndica.
., Ae =, W ota ot'" ,,n,nos a tbird decision
froro FLORIDA which holds that the