East Oregonian : E.O. (Pendleton, OR) 1888-current, 1909-06-12


main unacted upon. From the open.
ing Of the term early in October tc
the last decision day 430 cases were
decided by the court, number OF
them having been left over from last
year. Not since the passage Of the
act Of March 3, 1901, creating circuit
courts of appeal for the particular
purpose of diminishing the work OF
the country's highest tribunal, have
there been so many cases brought to
the court for decision or review.
During the past term several note
worthy cases were disposed Of by the
court Some of these will go down in
history because Of their Importance
notably the famous $4,000 600
Standard oil case, decided adversely
to the government by the refusal Of
the supreme court to review the de-
cisIon of the circuit court of appeals,
which had held against the fine.
Hepburn Act Interpreted.
new construction was given the
Hepburn railway rate act by the court
the so-called commodities clause"
litigation, wherein the court of last
resort, although reversing the lower
tribunals decision that the clause was
unconstitutional, so interpreted its
provisions In declaring 1t constitu-
tional as to practically nullfy the OBJ
vious intent with which il was enact
ed by congress.
Litigation in which railroads were
concerned bulked large in the docket
for the past term, and for most OF
these the railway rate act was largely
responsible The net result Of the
term shows strong affirmation OF
the anti-rebate and anti-dscrimina-
tion provisions of that act Foremost,
probably, was the decision in the New
York Central & Hudson River rail-
road cases, where that road was con-
victed of granting rebates on sugar
shipments TO the American Sugar Re-
filming company. In the two cases the
supreme court affirmed the convic-
tion and assented to the fine imposed
'--Sl26,OOO on the railroad and $4,000 |
on It's traffic manager. The Chicago |
& Alton rebate cases were likewise |
disposed of-the highest court hold |
ing that therallroad was violating the |
law in granting rebates on certain |
shipments from Kansas City to the
Schwarzchild & Sulzberger Packing
company, and the verdict of the lower
court imposing fines aggregating
fines aggregatng $4,000 on the road
and It's officials was affirmed.
In a decision important in its fu-
ture bearing the court also held the
provision of the railway rate act
which prohibits express companies
from issuing franks" to their en-
ployes constitutional and valid. There
is still before the court the cases in
volving the right of railway COM
panies 10 issue transportation to
newspapers and magazines in ex-
change FOR advertising space.
Hartman Figures Personally.
Edward II. Hartman, the railroad
king figured personally in one case
that was unique, in which the su-
preme court refused to acknowledge |
the power Of the interstate commerce S
commission to force him TO answer
certain questions relating to his con- {
troll and management of various rail-
roads. [
The poweroof the states to regulate c
railroad rates within their boundaries a
was affirmed by the court in its de- c
cision holding the McCord act of the I
Kentucky legislature constitutional. a
However. a directly opposite view was d
taken in the 2-cent rate provisions S
made by the Virginia state corpora G
tion commission. In this case the
court held that the proceedings did
not constitute due process OF law.
A decision OF immeasurable i'm c.
portance was that rendered in the h
Consolidated Gas cases wherein 1t was Il
held that municipality or state has a.
power to regulate the rates charged te
by public service corporation. In m
This case millions were involved and bl
reduction In the price of gas was fur pi
nished to consumers In New York pl
city. at
The highest court evidently has a al
lear understanding of the various re
laws of the states, and an al
that led during the al
,ast term to more than one decision nc
gainst corporations with monopolis- pl
ic proclivities. First and foremost
4 these was the courts affirmation III
4 the constituiionality OF the Texas
laws In the famous Waters
'ierce oil case. The enormous fine of
nore than a million and half dol lal
ars assessed against the company by I'M
he lower courts was affirmed by the pr
ighest tribunal. likewise the court fe
ffirmed the decision against the de
hammond Packing company, which Ito
'as convicted under the Arkansas orr
trust busting" act. ito
Many Criminal Cases, ne
In the host of criminal appeals dis m,
osed of the court acted adversely for tio
ne appellants In two of general in cio
'rest-that of Albert T. Patrick. -, 9
ow in Sing Sing serving a life SEN tn,
nee for the murder Of William M. c1o
ice, and of Herman Biilik, at the m,
me of the decision under sentence ~,
death for the alleged murder of 81,
'veral members of the vzral family He
Illinois The sentences of the lower fo,
,urts against these two were af- cut
rmed. The appeal OF Charles H.
oyer of the Western Federation of {
H..