The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-05-25

WASHINGTON May 24.-The ex-
pected decision of the supreme court
in what is known as the Nebraska
maximum freight rate, case was not
rendered today, and, sel-the court ad-
journed for the term. a decision cannot
be announced before next autumn.
The court did, however, decide two
cases bearing on railway rates and the
power of the commission to regulate
them. 1t was held that the United
states interstate commerce commission
has no power to prescribe rates on rail-
roads which may control in the fu-
ture. The cases were those Of the
commission versus the Cincinnati &
New Orleans railroad company, and
the Florida & Western company
In the Cincinnati, New Orleans &
Texas Pacific case various railroads
were concerned, and the case was
originally instituted by the freight bu-
reaus of the Chicago and the Cincin-
natl chambers Of commerce. The ques-
ton involved was whether congress in
tended to confer upon the interstate
commerce commission power to fix
rates. The opinion was rendered by
Justice Brewer. The gist of the opin-
ion is found in the following para
graph:
Under the interstate commerce act the COM
mission has no power to prescribe the tariff
of rates which shall control in the future,
and therefore, cannot invoke judgment in
mandamus from the courts to force any such
tariff by it prescribed.
Continuing, Justice Brewer asks:
HAS the commission no function to
perform in respect to matters of rates ,"
Replying to his own question, he said:
"Unquestionably it has, and most i'm
portant duties in respect to this mat
ter 1t is charged with the general duty
OF inqu1ring as to the management Of
the business of railroad companies
and has the right to compel full and
complete Information as to the man.
ner in which such companies are
transacting their business. And, with
this information, it is charged with the
duty Of seeing that there is no VIOLA
ton 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 another, but
that in all things that equality of right
which is the great purpose Of the in
terstate commerce act shall be secured
to shippers"
Justice Brewer said: z.It is not to be
supposed that congress would ever au-
thorize an administrative body to es-
tablish rates without inquiry and ex-
animation; to evolve, as it were, out Of
its own consciousness that satisfactory
solution Of the difficult problem Of just
and reasonable rates for all the various
roads in the country. And, If it had
intended to grant the power to estab-
lish rates, it would have said SO in
unmistakable terms. In this cOnnec-
tion 1t must be borne in mind that the
commission Is not limited In it's inquiry
and action to cases in which a formal
complaint has been made, but that un-
der section 13 it may institute inquiry
on it's own motion in the same manner
and to the same effect as though COM
plant had been made"
Attention is also called to the fact
that the law grants no power, even
to fix maximum or a minimum rate
and the conclusion Is drawn that, "as
congress did not give the express power
to the commission, 1t did not intend to
secure the same result indirectly by
empowering that tribunal to determine
what, in reference to the past, was rea-
sonable and just, whether as maximum,
minimum or absolute, and then enable
it to obtain from the courts peremp-
tory order that, in the future, the rail-
road companies should follow the rates
thus determined to have been In the
past reasonable and just
The opinion was rendered on ques-
tions certified by the United States cir
cult court Of appeals for the Sixth
circuit. There was no prepared opinion
In the Florida case, the conclusions
being the same ais In the above. Justice
Harlan dissented in both cases.
An important decision, interpreting
the Interstate commerce law, was made
In the case of c. s. Wight versus the
United States, from khe district court
for the western district Of Pennsylva-
MIA The case grew out of competition
between the Panhandle and the Bal
| timore & Ohio roads for the beer-carry-