The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1909-10-19
In January Supreme Court
May Practically Nullify
the Bill.
ADVERSE ACTION
FEARED BY STUDENTS
Highest Tribunal Will Outline Its
General Position Toward Com
merce Legislation.
BY J. c. wELLIvER

BY J. c. WELLIvER.
The January term of Supreme court
VIII witness the submission in that tff-
Dunal or Two or three cases which. taken
together with the big cases that are be-
ing argued and submitted at the current
term, are expected to give the highest
court ample occasion 10 determine its
broad general position toward ali the
most important legal questions involved
IN the Hepburn rate law.
Baslng Judgment on the attitude Of the
judges who have heard arguments sub
mitted at the present term OF court.
people deeply interested in the rate law
are disposed TO the opinion that the
court is hostile 10 the contentious of the
Interstate Commerce Commission They
incline decidedly 10 believe that fHe
court is going TO decide against the
commission. 10 place the uarIoWest con-
stIuctiOn on the. powers conferred by the
act, and, finally, to decide that the fix
ing OF "a railroad rate is essentially
judicial function
Such a decision would undo most Of
the accOmpl ishmcnt which was attempt
ed when the rate law passed. he unan-
unity wirk which people interested iu
that act ave resiEuing themselves To-
expectation Of defeat in the Supreme
Court, is one of the interesting signs OF
the times. They are already taking b
for granted that they VIII lose, and are
asking themselves what is TO be done
about it.
lust One Left
There is Just one practicable project
left, and that may require amendment
OF the Constitution, said an Official OF
the Interstate Commission recently. He
is one Of those who, anxious that the
law should be given the broadcast con
struction, fully expect the reverse
Tile only tffnE left is 70 have the
commission authorized TO make d com
pIete schedule of rates for the entire
country, just as parliament authorized
the British rEilway and canal commits
sion to do. So good lawyer 8s Sena-
tor Cummins, himself a specialist in
this question of interstate commerce
regulation, believes this can be aone
without q change Of the Constitution.
and is going to press bin at the com
ing session 10 have il done such
measure looks today like long step
toward the most radical solution Of the
question but ID viii be brought very
close TO us if the Supreme Court de
cides against the powers which the
Hepburn act assumed TO confer. is
seems TO me altogether likely that be-
fore the end of the long session We VIII
have had pronouncements from the
highest court which VIII make this
question of amending the Constitution
i 5li st 3 md sP2n Teil ~ n5 ,nt,
once il is made apparent that the reeu-
IatiVe program cannot be carried for
ward without such amendment vii
force action before long.
Inquire as to Effect.
with assurance that the statement is
based on the best of information, II can
be said that the prospect OF a general
defeat for the Hepburn act in the SUI
preme Court is just now being given
the closest consideration by men in very
high places. They are inquiring what
VIII be the effect of such defeat on
tine work of the coming session OF Con
gress. They realize that III ia January
the Supreme Court should hand down
two or three cases. whose reasoning
made IL practically certain that the law
was TO be emasculated. the whole leEis
lative situation would be reduced Il"
chaos, so far 3s concerns measures con
-prninc the rate and trust laws Presi-
dent Taft's rate Jaw program would be
hi practically no further significance DF
value, and it would require weeks even
months, for Congress and the public
10 get bearings and point OF view.
Vet. looking forward with pretty CON
ident expectation TO the pTuba Die events
n the next few months these are thu
things which are I'm the thought OF tle
men who viii have much 10 no viii
making UOlicies as TO these questions
When the Interstate commerce Com
mission comes back from It's present
work making up the recommeiedauonS
when shall accompany its annual re-
port TO Congress.
One Elements Plans.
one element IN the commission strong
~ leans to acceptance OF the inevitable,
ana 10 making some commentator
aimed at overcoming tho disastrous eff
-ects OF a decision adverse to the rate
law. The demand for an amendment 10
the Constitution, under which all IN
certainty about the power of a commits
sion to make rates would be removed.
las been considered Whether there vii
be anything short OF this for the COM
mission TO demand IS only TO be deter
mined after EIc supreme court Shai.
nave gone on record in an opinion clezI-
~ setting forth its view of the whole
Just at present the people who are
seeking q route OF eHvrgeuce from
tan timber arc praying that lhe nlSl-
est court may uud IN some one OF me
,eSes an excuse for giving a genera
and explicit elUcidatlou OF ITS views
: bout this whole SCI OF qUe>luuS- 1aeLF
are decisions ana ottlSl9hS. oo itL5 . o.
riSions are sweeping and deteImln4iiN'
enough 10 make 10 easy 10 see the rem
-dv required. Others rather befog than
clarity the issues. Right nov mere '-
demand for q complete statement of th.
Court views. i'm untustalla-
able LANGUAGE. on this entire set OF queS-
West Is Aroused
on this general array Of Transports
rfoi, and industrial issues the people
Of tie West are most aroused Thc-a
is the seat OF disame,tion with the tariff
and there is the strong demand for ac-
i'm the direction of
-frs.T, sztglerine the Federal hand In con-
troI OF the instrumentahues OF com
-7crre The Republican party viii sIft-.
ID tre-e Is NOT some substantial con-.
..sliau -u this middle Western Seati-
uenr- and vet. as Tire date approaches
ma more conceded that tle outlook is
4 3together uupTomlslus
De44,rr3ts view the situation with eUI-
.rlrt e4t5sfactiou They see nothing au5
sd,-autege for them i'm a failure of Con-
ness 10 achieve results. They are