The herald., 1897-05-25
Not to Be Fixed by the
/. Commission
THE LAW coNFERs NO POWER
70 PASS UPON RATES NOT YET
IN ETEEor
Two Important Cases Decided by, the
euprsme Court-Maximum
Case Goes Over
Associated Press Special wire.

WASHlNGTON, May 24.-The Su-
preme Court decided two cases today,
holding that the United States Interstate
Commerce commission has no power to
prescribe rates on railroads which It
may control In the future. The cases
were those Of the Commission va the
Cincinnati and New Orleans Railroad
Company and the Florida and Western
Company.
The decision Is construed to mean that
the Interstate Commerce Commission
has no power to pass upon rates before
they are put into effect.
Justice Brewer said: 1t is not to be
supposed that congress would ever au-
thorlze an administrative body to estab-
lish rates without inquiry and examin-
alton; to evolve. as 1t were, out OF lis
own consciousness, the satisfactory So
luton Of the difficult problem of just
and reasonable rates for all the various
roads in the country.
Attention Is also called to the fact that
the law grants no power even to fix
maximum or 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 ny empower
ing that tribunal to determine what. In
reference to the past was reasonable
and just, whether as maximum, mini
mum or absolute, and to enable 1t to
obtain from the courts peremptory or
der that in the future the railroad COM
panies should follow the rates thus de-
termined to have been In the past rea-
sonable and just"
The opinion was rendered on ques-
tions certified by the United States
circuit court of appeals for the Sixth cir
cult. There was no prepared opinion in
the Florida case, the conclusion being
the same as In the above.
Justice Harlan dissented in both cases.
The Supreme Court affirmed the decis-
ion of the court below in the case Of c. 8.
Wright of Pittsburg, Pa, charged with
violation of that portion of the Interstate
Commerce law prohibiting discrimina-
tion. Wright granted rebates on beer
to pay for drayage. This action was held
to be in violation of the law.
In the Cincinnati. New Orleans and
Texas case various railroads were con-
cerned and the case was originally insti-
tuted by the freight bureaus of Chicago
and the Cincinnatti chamber of COM
merce. The question involved was
whether congress intended to confer on
the interstate commerce commission
power to fix rates. The opinion was rem
dered by Justice Brewer. The gist of the
opinion is found in the following para
graph:
Under the interstate commerce act
the commission has no power to pre-
scribe the tariff of rates which ehall
control in the future and therefore can
not invoke Judgment In the mandamus
courts to force any such tariff by 1t pre-
scribed."
Continuing, Justice Brewer asked:
HAS the commission no function to
perform in respect to the matter Of
rates?"
Replying to his own question, he said:
"Unquestionably 1t has and most i'm
portant duties In respect to this matter
It is charged that 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
information as to the manner in which
said companies are transacting their
business. And with this information 1t
IS charged that the duty of seeing that
there Is no violation of the long and
short haul clause; that there is no dis
elimination between individual shippers
and that nothing is done by rebate or
otherwise to give preference to one
against another but in all things that
equality of right which is the great pur-
pose of the interstate commerce act shall
be secured to shippers
The expected decision of the supreme
court in what is known as the Nebraska
maximum freight rate case was not rem
dered today, and as the court adjourned
for the term, a decision cannot be an
nounced before next autumn.
After rendering final decisions in
thirty-six cases and giving attention to
other business incident to the last sit
ting of the term, the United States su-
preme court adjourned today until next
October. When the court crier an
nounced the final adjournment for the
term there were apparently $50 cases on
the docket undisposed of. but there were
actually $50 cases, twenty-one having
already been argued and submitted.
This is a smaller number than the rec
ord Of the court has ehown for thirty
years.