Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-08-28
ORDERS OF INTERSTATE COM.
MERGE BODY HELD UP BY
lNJUNcTIoNs.
ROADS FIGHTING EVERY
MOVE TOUCHING TRAFFlcs
Conclusive Evidence Indicates That the
Steam Lines Propose to Give the
Commission Battle at Every Turn
Powers of That Hody Arc Not Be.
ing Taken Tor Granted.
Especial Correspondence.1 4

Especial Correspondence.
Washington, Aug. 2S.-That the rail-
roads of the country are setting out in
pretty thorough fashion to block the
orders OF the Interstate commerce com
mission by legal processes. is shown by
an examination of The long list of cases
which have been brought against the
commission by the roads in which
the commission is a party or is other
wise interested
Exclusive of safety appliance cases
and cases arising under the hours of
service act, there are about thirty cases
pending in the United States supreme
court and the various United States
circuit courts which have been brought
since the Hepburn law went into eff
feet June 30, 1908. a few OF these ca. e.s
are disposed of. AS rule, they are
intended to annul some order of the
commission.
Evidences of Blocking Tactics.
The Grosscup decision in the United
States circuit court at Chicago, the be-
ginning Of a suit dn the Des Moines
case in which the commission lately
ordered rates reduced the Willamette
valley case, which is being carried thru
the supreme court for the purpose of
finding out whether the interstate COM
merce commission has the power to
regulate rates, and various other
phases of the litigation which has been
started are looked on in commission
circles .as evidence that the railroads
have determined to give the commits
sion battle at every legal turn. For a
time. a good deal was heard about the
railroads working In harmony with the
commission but there is less of that
just at present.
Contention On Every Point.
Examination of the cases pending
makes 1t clear that nothing in respect
to the powers exercised by the COM
mission is to be allowed to be taken
for granted. Every point over which
there Is possible contention is to be
carried up to the supreme court il
there is any ground for it going be-
fore that tribunal.
The direct question of whether the
commission can regulate rates lawfully
is raised in only few of the cases. 1t
is not necessary to raise it in view of
the fact the supreme court is expected
soon to pass on the question in the
suit arising from the adjustment of
the rates on lumber by the commission
in the Willamette valley case.
Gases Ready for Hearing.
When the supreme court meets in
October, at the very outset of the term,
it will have several interstate COM
merce law cases to be heard, aside
from the Willamette valley case This
case is now set for October 12. An
other case set for the same date is
that of the Chicago & Alton VS.. the
commission and the similar case of
the Illinois Central VS.. the commission.
These two cases were heard as one
case. The roads are seeking to annul
the order of the commission requiring
certain cars to be counted in making
coal car distributions. The lower court
granted an injunction and the COM
mission appealed This question is of
much Importance in all the mining
regions Of the United States, the COM
mission having endeavored to lay down
a rule for coal car distribution which
is equitable to all mines, whether pat
ronized by the railroads or not.
Terminal Case Coming Up.
On the same date, the supreme court
will hear the famous Chicago livestock
terminal charge case. This is the case
OF Stickney at AL. VS.. the commission,
a bill to annul the order of the COM
mission requiring carriers to desist
from exacting the 50 terminal charge
on each car Of livestock sent into Chi
cago from western territory. Here
again, the circuit court at st. Paul
granted an injunction to the roads and
the commission is appealing. The or
der of the commission was hailed with
delight by the cattle raisers dependent
on the Chicago market and there is
wide interest in the case
st. Louis Case Pending.
Still pending in the circuit court at
Kansas City is the noted ST. Louis
elevator case, of great Importance to
the grain trade. 1t is the case of
Diffenbaugh ct al, VS.. the comission.
The commission made an order to re-
quire the Burlington railroad and other
roads to desist from paying elevator
allowances to certain preferred eleva-
tors at Kansas City and other Mis-
souri, river points or places in territory
adjacent thereto. The railroads have
challenged it, the pleadings have been
filed but the case has not eben heard.
The Portland Controversy.
One of the big legal controversies in
which the commission is defendant is
known as the Portland gateway case.
1T Is that of the Northern Pacific VS..
the commission. A temporary restrain
ing order has been granted in the cir
cult court at st. Paul and the case has
been appealed to the supreme court.
The bill Is to annul the order Of the
commission requiring the Chicago q
Northwestern, the Union Pacific. the
Oregon Short Line, the Oregon Rail-
road and Navigation Company and tho
Northern Pacific to- establish thru
routes and joint rates for the trans
portation of passengers and their bag
gage between Chicago and other points
to points in the state Of Washington
via Portland, Ore.
This case raises important questions