The advocate. [volume] (Charleston, W. Va.) 1901-1913, 1909-08-26
Will DECIDE SOON
. RATE POWERS OF
THE |. c. c.

Washington, Aug. 26.-It is like
~ the Supreme Court will pass, be-
tore many months, on the question
whether the Hepburn rate law is con-
stltutional with respect to that fca-
u re OF the law which gives the Inter-
state Commerce Commission the
lCWel to regulate rates
y decision Of the court Oh this
point, which is of the utmost impor-
lance to the railroad and business
world, may come within six months.
1t VIII go far to clear the atmosphere
with relation to rate regulation. That
ls, 1t VIII go far in that direction if
the decision is in favor of the gov
eminent. If it is against 1T, then the
ra11road question Is certain to. be
thrown into the turmoil Of politics.
and he is wise man who can tell
what will happen. ....- ..~--
Not few there are who believe
that II the court finds that the Inter-
state commerce Commission cannot
be given the power to regulate rates
or common carriers, then the cause Of
government ownership of railroads
Will suddenly loom up as having a
measure Of support suoh as few have
dreamed that this cause possesses.
Will Say Whether Commission Has
Power.
But at any rate, the time Is not far
ulstant when the, highest tribunal in
Che land Will say whether, when
congress gave to the Interstate Com
merce commission the power to reg
uiate railroad rates and said that the
commission might determine wheth-
er given rate was reasonable and
ofder a reasonable rate put into eff
1ect, 1T exceeded the powers given It
by the Constitution.
The case which Is pending before
tue supreme Court, which will be de-
terminative of this momentous cues
ton, is one brought by the Southern
Pacific Railroad against the Inter
state Commerce Commission. 1t arises
from a decision of the commission in
what is known as the Willamette
Valley lumber case. About q wear
ago, the commission decided this
case along with a number Of others
known as the Pacific Coast lumber
cases.
! They related to the lumber rates
over about half of the United States
The Willamette case was determi
native Of lumber rates from Port
| land into California. 1t ordered a
reduction In the rates. The South
eTn Pacific, which means e. H. Har
r1man concluded to join issues with
1.-THE commission.
An injunction proceeding was
| brought against the commission tc
prevent the enforcement Of the rate
which the commission ordered. II
! tfils suit the question of the consti
= tutlonal1ty of that part Of the Hep
burn law which gives the commission
power to regulate rates was directly
jraised.
No Delay Expected When Case i.
Reached.
This case is now before the ,Su
preme court. The circuit court die
not decide it. 1t was divided anc
was certified to the Supreme Court
IN this fashion. 1t is expected thai
1T Will be submitted when the SUI
preme court meets this fall, or at any
rate that the submission Of it will
not be long delayed. Probably there
Will be no great delay after submis
sion In a decision ~ the Supremt
court.
The fact that this matter is pend
ing before the Supreme court is i'm
portant In more ways than one. 1t i!
likely there will be a strong demand
next winter when the question Of en-
acting further railroad legislation II
raised to wait and find out what tho
supreme Court Is going to do with
the law which is already on the stat
ute books. A good many members
OF Congress take the view that it is
Impossible for Congress to proceed
|1ntelligently until it knows DEFINITELY
from the lips of the Supreme court
whether congress can regulate rail
road rates in the fashion in which i
is proposed. If it can, then there
will be tremendous pressure from
shippers to get the existing law
strengthened, while at the same time
there will be every effort made BY
the railroads to get the law weakened