The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1909-08-25
RULING OF
GROSSCUP
DOES TRICK
Sustains Injunction Against De.
cisiOn of Interstate Com
merce Commission
Jurist Who Reversed S29, ,00O,'
900 Standard Oil Fine Strikes
at Roosevelt Policies
Esseeial Dispatch to The callI

CHICAGO. Aug. 24-The interstate commerce
= mission stripped of its power today and the
railroads given practically free play by the
of decision of the United States circuit The
ruling takes from ecommisson the authority
and reduces its jurisdiction of police
adjudication. 1t leaves the board which it in
tended should have full control over the railroads
doubtful right to pass certain cases of discrimination
1t of the heaviest blows that has been dealt
Rooseveltism since his retirement from Office taking rank
with the removal from federal protection of millions
of acres in the northwest.
The Interstate commerce commission, regarding the
issue of life and death, authorized the
tonight that would appeal the United
supreme Should the highest tribunal uphold
days decision the commission will be transformed into
an nconsiderable factor of the federal Judiciary.
Decision Affects Coast
The decision was rendered in what is known as the
Missouri river At the time it applies
to pending issues known the Denver and Des Mones
cases and may have important bearing the Spokane
schedule. in which every city the Pacific coast is
vitality interested.
Judge Grosscup wrote the opinion and Judge Kohl
saat coneurred dissenting opinion delivered by
Judge Baker. Judge Grosscup declared that it
thnkabe that congress had intended give the arbitrary
power to fix rates to the commission expressing the
view that such power for any body of
In his dissenting opinion Judge Baker said that it
had been the specific intention take this power
from the railroads that had always held it and give it
to the commission.
After referring to the power Ito taper down
ward according TO distance" Grosscup said:
But it does not follow that power of that character
includes power, by the of derenas to arti6ciay
divide the country into traffic tributary given
trade and manufacturing the commission
having result predetermine what trade
and manufacturing ceners shall be; for such power
vaster than any body of has heretofore exer
csed though wisely exercised specific instances would
be putting the hands OF the the general
power of life and death every trade and manufac
turing center in the United States"
Grosscup Against Roosevelt
The decision brings Judge Grosscup again in direct
opposition former President Roosevelt II was Gross
cup who reversed the finding OF Judge Lands imposing
the $2oOO0000 fine the Standard oil company Gross
cup also the of controversy when letters
of his published in which he had applied to the
railroads for passes.
The case passed upon by the commission on
June a. 1908. The ruling of the board was thus sum-
married. in its official document:
Complaint alleges that class rates from Atlantic sea
board territory the Missouri river cities unreason
able and unduly discriminatory compared with the
rates from the territory St. Paul and Mime
apols. Held,
Il. That the rates to St Paul and Minneapolis are
controlled by competition of lines and of Canadian
rail lines and that therefore, they may reasonably be
lower than to the Missouri river cities.
-. That the through rates to the Missouri river