The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1906-05-22

from chargins that rate such an or
der beng enforceanle BIZ the Courts
gave The commission no authority
toprescribe rate TO be- substituted.
nor could its order be enforced With
outa decree of a Tnited States Court
The Hepburn bin, carrying out tho.
letter and the spirit OF the recon-
mendations OF President Roosevelt
gives the commission authority,
where q given rate has been challens-
ed. and after full hearing found TO be
unreasonable. TO decide. subject 10. 5n-
dicial review. what shall be the rea-i
sonabIe rate to take its place, the
ruling Of the commission to take effect
and 10 obtain unless
and until it IS reversed by the court
OF review
The Hepburn bill puts this recon-
mendation into legal phraseoIogy. Il
authorizes the commission, in case OF
complaint, to determine and prescribe
what shall be the just and reasonable
rate or rates. charge or charges. to be
thereafter observed as the maximum
to be charged. and provides that the
order shall take effect within such
reasonable time and shall continue in
force for such period OF time, not ex-
ed by the commission. unless 1t shall
be suspended or modified, or set aside
by the commission. or be suspended Or
set aside by a court of competent jur-
isdiction-
court-Review Amendment.
It is confidently claimed that every
material detail Of the Hepburn bill re-
mains essentially the same as When
it was passed by the House of Repre-
sentatives; that no amendment adopt
ed by the Senate restricts in any way
the authority intended to be conferred
on the Interstate Commerce Commits
sion by the authors OF the bill, while
some Of them substantially amplify
this authority
The most important amendment is
that giving to United States circuit
courts jurisdiction to hear and deter
mine suits brought against the Inter
state Commerce Commission to enjoin-
set aside. anuul. or suspend any order
or requirement. This amendment is
important. not because it changes in
any respect the Intention of the franz
ers OF the House bill. but because BIZ
putting in plain English what the au-
tended was there by inference, it has
removed a serious doubt as to the
OF the entire measure
There can be no higher authority as
to what the House bill intended thar
the Interpretation placed upon it by
its author. Representative Hepburn.
who has repeatedly declared that It.
was the intention to give to the courts
exactly the jurisdiction and power that
they VIII have under the Allison
amendment
From Hepburn's Speech.
In his speech in the House, he said:
Il have no hesitation in saying that.
in my Judgment. the court would have
the power to determine first whether
the commission had jurisdiction of tho
subject matter. whether 1t had the
power to act at all. That would be
dependent upon the question Of wheth-
er an unjust or an unreasonable rate
was condemned. and whenever II
passed upon that they would then
seek to know whether the commission
had acted within the scope Of its au-
thority. 1t is authorized to fix a just.
reasonable. and fairly compensatory
rate. That is to be the maximum. and
the court would inquire-and it would
be legitimate subject of inquiry-as
to whether the commission had confn-
ed itself within the limitations that
the law had thrown around it.
Mr.. Hepburn did not suggest any
limitation whatever on the juriSdic-
ton Of the, courts or any attempt to
deny to them any of the judicial pow
er conferred upon them by the Con
Stitution- It was his understanding
that the court of review could deter.
mine no, only all questions as-ro the
reasonableness and justice Of the rate
could go back OF this and could de
eide whether or not the rate that had
been condemned was unjust or IN
reasonable. Other members OF the
House Committee might be quoted &c
I the same effect as Mr. Hepburn
| Dscouraees Suits for Delay
The Senate amendment prohibiting
the granting Of an injunction or 9th
er interlocutory order. except on no
tice and hearing and by the concur
renee of three Judges does not anec!