Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1897-05-25
INTERSTATE COMMISSION POWERS
Cannot Prescribe Railway Rates to Con-
troll in the Future-what 1t Can Do.

INTERSTATE COMMISSION POWERS
Cannot Prescribe Railway Rates to Con-
troll In the Future-What 1t Can Do.
Washington, May 25.-An important
railway case was decided yesterday by
the supreme court, which is construed to
mean that the interstate commerce COM
| mission cannot lawfully pass upon rates
to be put into effect in the future. The
case was that Of the Cincinnati, New
Orleans and Texas. various railroads
were concerned, and the case was orig
| inally instituted by the freight bureaus
of Chicago and the Cincinnati chamber
Of commerce. The question involved
| was whether congress intended to confer
upon the interstate commerce commits
| sion power to fix rates. The opinion was
rendered by Justice Brewer. The gist
| Of the opinion is found in the following
paragraph: Under the interstate COM
| merce act the commission has no power
| to prescribe the tariff of rates which
| shall control in the future, and there
| fore cannot invoke judgment in man.
damus from the courts to force any such
| tariff by 1t prescribed"
Continuing Justice Brewer asked:
''Has the commission no function to per-
| plying to his own question he said: I'm
| cuestionably it has and most important
| duties in respect to this matter. 1t is
charged with the general duty Of in
| quiring as to the management of the
| business of railroad companies, and has
| the right to compel full and complete in
| formation as to the manner in which
| such companies are transacting business.
And with this information it is charged
with the duty of seeing that there is
| no violation of the long and short-haul
clause; that there is no discrimination
between individual shippers, and that
nothing is done by rebate or otherwise
| to give preference to one against an
| other, that no undue influence
Is given to one place against
another, but that in all things
that equality of right which is the great
purpose of the interstate commerce act
| shall be secured to shippers"
An important decision interpreting
| the interstate commerce law was made
in the case of c. S. Wright VS.. the
United States, from the district court
| for the western district of Pennsylvania.
| The case grew out of competition be-
| tween the Panhandle and the Baltimore
| and Ohio roads for the beer-carrying
sale beer dealer of Pittsburg. The
rates charged by both roads for beer
was Is cents per hundred between Gin
cinnati and Pittsburg. The Panhandle
road had side track at Bruening's
place of business, so that it could I'M
load shipments into his premises, while
1t cost him 312 cents per hundred to haul
| the goods from the Baltimore and Ohio
station.
To secure the business the Baltimore
and Ohio made an arrangement to de-
liver the goods to Bruening's ware
house. and afterward Bruening offered
| to do the hauling himself for 31s cents
per hundredweight. paying the railroad
Is cents per hundred for. freight and
presenting monthly bill for 81 centsper
hundredweight to the railroad company,
which was paid. Henry Wolf, another
dealer, paid the same freight rates and
also paid for his hauling, the distance
being nearly as great as Bruening's
goods were hauled. Complaint was
made that the arrangement was in vio-
lation of section of the interstate COM
| merce act, prohibiting rebates, draw
backs. etc, and first the circuit court
and yesterday the supreme court sus-
tanned this contention. The law, said
Justice Brewer. was designed to compel
every carrier to give equal rights to all
| shippers over its road, and to forbid
| it by any device to enforce higher
charges against one than another.
In the case Of the interstate commerce
| commission VS.. the Detroit Grand Ha-
| ven and Milwaukee Railway company,
| appealed from the circuit court of ap-
peals for the Sixth district by the COM
| mission. the decree of the court below
was affirmed. The case was based upon
| petition of Stone & Carten, retail mer-
| chants of Ionia, Mich, alleging viola
| lions Of sections 2, 3 and of the inter-
| state commerce act. The interstate
commerce commission sustained the pc
| tition, but the courts did not. The
| charge was that the railroad company
| furnished carriage free to the merchants
| of Grand Rapids and did not to the
Ionian merchants. The court held that
the fourth section of the act has in
view only the transportation of passen-
| gers ard property by rail. and that
when the passengers and property
| reached and were discharged from the
cars at the company's station at Grand
| Rapids for the same charges as those
| received for similar service at Ionia the
| duties cast upon the company were full
| filed"
Inc supreme court adjourned yeSter-
| day until next October. When the court
cryer announced the fina! adjournment
| for the term there were apparently $50
| cases on the docket undisposed of, but
| there were actually 359 cases, 81 having
already been argued and submitted
| This is smaller number than the
records Of the court have shown for
| thirty years.
HAS THE PHILOSOPHERS STONE. NIT
Test OF an Alleged Invention for Produc-
ing Gold and Silver.
Washington, May 25.-During the last
three weeks three expert metallurgists
| connected with the mint bureau have
been conducting secret investigation
| in the laboratory Of the treasury depart
| ment into the claims of a man named