The enterprise. [volume] (Wellington, Ohio) 188?-1899, 1897-05-26
cuRrAILs Irs POWERS.

United States Supreme Court Decides that
tho Interstate Commerce Commission
Has No Power to Fix Railroad Rates
Other Important Decisions.
Washington, May 25.-In the United
States supreme court yesterday JUS
tice Pechham handed down the opinion
of the court in the case of L. f. Par
sons, late district attorney for the
Northern district of Alabama, ap-
pealed from the court of claims. The
decision was adverse to Parsons claim
that he was entitled under Section 769
of the revised statutes to hold his office
for four years, Notwithstanding the
presidents order of removal. Justice
Peckham said that while the appoint
ment was for four years it might be
terminated earlier at the discretion OF
the president, The Judgment OF the
court of claims was affirmed.
The determination of this case has
been looked forward to with interest
because of it's possible effect upon the
removal of office~holders incident to
the change of administration. Par
sons was removed from the Office OF
United States district attorney in Ala
bama in 1893, having been appointed in
1890. He wrote letter to the presi-
dent. refusing to surrender the place
on the ground that as he had been ap-
pointed for a term of four years the
president had no right to remove him
before the expiration of that time. He
fought the case through the various
federal courts on this theory, losing in
the lower courts as he did in the su-
preme court. Parsons has, however,
not been in possession of the Office dur
ing the contest. On the day that he
was removed Emmet O'Neil was ap-
pointed to succeed him, and to him
Parsons surrendered the Office after an
order was issued to him by the circuit
court to do so.
The supreme court decided that the
interstate commerce commission has
no power to prescribe rates on rail-
roads which may control in the future.
The cases were those of the commits
sion VS.. the Cincinnati e. New Orleans
Railroad Co. and the Florida & West
ern Co. The decision of the court is
construed to mean that the interstate
commission has no power to pass upon
rates before they are put into effect
In the Cincinnati, New Orleans &
Texas case various railroads were con-
cerned and the case was originally in
stituted by the freight bureaus OF Chi
cago and the Cincinnati chamber OF
commerce. The question involved was
whether congress intended to confer
upon the interstate commission power
to fix rates. The opinion was rendered
by Justice Brewer. The gist of the
opinion is found in the following para
graph: 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 a judgment il
mandamus from the courts to enforce
any such tariff by it prescribed"
The supreme court affirmed the de
cision of the court below in the case o
c. S. Wright, of Pittsburg, charged
with a violation Of the portion of th
interstate commerce law prohibiting
discrimination. Wright granted re
bates on beer to pay for drayage. Thi
action was held to be in violation o
the law.
The question whether the statute
prohibiting national banks from pur
chasing or subscribing to the stock q
another corporation and whether tn
want of authority can be urged by tn
bank to defeat an attempt to enforc
against it the liability of stocllholde
were passed on by the supreme cour
''os+o~1nv in the case of the Californi
.... ..... 1ank VS.. Nat Kennedy. Th
court holds that national bank ha
, no right to deal in stocks, although
may accept them as securities.
After rendering final decisions in
cases and giving attention to othe
business incident to the last sitting c
the term, the supreme court adjourne
until next October. When the cou,
J crier announced the final adjournmen
, for the term there were just 35
cases on the docket undisposed o
This is smaller number than the ret
{ ords of the court have shown for {
wears