Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1897-05-29
ouRrAlLs ITS POWERS.

UnIt0d states supreme OOuEN Dechuph thAs
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 Peckham handed down the opinion
of the court in the case of l.. f. Par
sons, late district attorney for tho
Northern district of Alabama, APP
pealed from the court of claims. The
decision was adverse to Parsons claim
that he was entitled under Section 7e9
of the revised statutes to hold his Office
for four years Notwithstanding tho
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 1898, having been appointed in
1890. He wrote a letter to the presi-
dent, refusing to surrender the place
on the ground that as he had been APP
pointed for 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 SUI
preme court. Parsons has, however,
not been in possession of the Office dur
ing the contest. On the day that he
was removed Emmett 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 & 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 &
1tAdS CASE NdTlOuS IdlIoddS NClC Soh
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 judgment in
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 of
c. S. Wright, of Pittsburg, charged
with violation of the portion of the
interstate commerce law prohibiting
discrimination. Wright granted re-
bates on beer to pay for drayage. This
action was held to be in violation OF
the law.
The question whether the statutes
prohibiting national banks from pur-
chasing or subscribing to the stock OF
another corporation and whether the
want of authority can be urged by the
bank to defeat an attempt to enforce
against it the liability of stoclkholder
were passed on by the supreme court
yesterday in the case of the California
national bank VS.. Nat Kennedy. The
court holds that national bank has
no right to deal in stocks, although il
may accept them as securities.
After rendering final decisions in sc
cases and giving attention to other
business incident to the last sitting oi
the term, the supreme court adjourned
until next October. When the court
crier announced the final adjournment
for the term there were just 35.
cases on the docket undisposed Of
This is smaller number than the rec
ords of the court have shown for 81
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