Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1897-05-27
BIG HOLE IN DOCKET
Z. S. SUPREME COURT MAKES A
GOOD RECORD.
NOW OFF FOR THE SUMMER
4 Total of 437 Cases Were Heard Dur
ing the Last Year-Less Actions
Left on the Calendar Than for 80
Years-Railroads Beat the Inter
state Commission.

Washington, May 25.-After render
ing final decisions in Sc cases and CIV
ing attention to other business Incl
dent to the last sitting OF the term,
the United States supreme court, ad
journed Monday until October. When
thS court announced the final adjourn
ment there were apparently $50 cases
on the docket undisposed OF, but there
were actually 359 cases, q having al
ready been argued and lubmitted. This
is smaller number than the records
of the court have shown for 80 years.
At the conclusion of the term ending
a year ago there were 533 eases undis-
posed of and since then 2S4 were add
ed making a total of SIT contained in
the docket for the year. Of this num-
Der 437 were finally disposed of and
the principal labor was done in p
others. Included in the q cases which
were argued but in which no opinions
were rendered are several of consider
able importance. Among them are
the Nebraska maximum freight rate
case; the controversy between the Bay
den Power Brake and Westinghouse
Brake companies as to the validity of
the Iatter's invention; and the Ala
bama Midland case involving the valid
ity of the long and short haul clause
of the Interstate commerce act.
The question whether the statutes
relating to national banks prohibite
them from purchasing or subscribing
to stock OF other corporations wa
passed on by supreme court in tn
case of the California national bank
plaintiff in error, VS.. Nat Kennedy.
The court held that a national bank
has no right to deal in stocks, al
though it may accept them as securi
ties.
The court decided two cases hold
ing that the United States interstat
commerce commission has no powe
to prescribe rates on railroads which
they may control in the future. Tn
cases were those of the commission VS.
the Cincinnati and New Orleans Rail
road company and against the Flor
ida and Western company. The cases
were originally instituted by the
freight bureaus of Chicago and
the Cincinnati chamber OF COM
merce. The question involved
was whether congress in
tneded to confer upon the interstate
fix the rates. The gist Of the opinion
is found in the following paragraph:
Under the interstate commerce acl
the commission has no power TO pre-
scribe the tariff or rates which shall
control it in the future, ana therefore
cannot invoke in judgment in man
damus from the courts to force any
such tarin by it prescribed. Unques-
tionably the commission has a func-
ton TO perform in respect to the mat
ter OF rates. 1t is charged with the
general duty of inquiring as to the
management of the business OF rail-
road companies and has the right to
compel 1ull and complete information
as to the manner in which such COM
panies are transacting their 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 dis
elimination between individual ship
pers and that nothing is done by re-
bate or otherwise to give preference
to one against another"
The decision of the court is con-
strued to mean that the interstate
commerce commission has no power
to pass upon rates before they are put
into effect.
The court also affirmed the decision
of the court below in the case of G. S.
Wright Of Pittsburg, charged with
violation of the interstate commerce
law prohibiting discrimination
Wright granted rebates on beer to pay
for drayage. This action was held to
be a violation of the law.
In the case Of Blythe VS.. Hinckley,
involving the estate Of the late Mil
liOnaie Blythe of California, TIE mat
ter was dismissed for want of juris-
diction. The effect is to leave the
property in the possession of Mrs
Hinckley, daughter of the millionaire.