Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-10-28
Lawyers Call Interstate Com
merce Body a Wanderer.
COMPARISON AT HEARING
Legal Status of Commission Never
Decided, It Is Said.
MANDAMUS CASE IS ARGUED
Steamship Company Wants Order Is
sued Compelling Alaska Rail-
roads to File Rate Schedules.

The interstate commerce commission
was likened to Halley's comet. in the
armament of government. by Attorneys
Charles d. Drayton and John b. Daish
at q hearing today before Justice Bar
nard in Circuit Court No. 2 on the
Alaskan rate case. The commission, they
claimed, Is not the head OF department
Of the federal government, nor chief
Of bureau, but is a "wanderer, comet
In the heavens Of government, supposedly
moving about an orbit, prescribed by the
legislature. between and among the ex-
ecutive, legislative and judicial depart
ments. but having impact with none. al
though under an obligation to report Its
transit annually to the legislature
The hearing was on a rule in manda-
mus issued at the request OF the Hum
boldt Steamship Company, to compel the
commission to require the railroads of
Alaska to file a schedule OF rates. Tne
comm ssiOn, by vote of to 3, 1t Is
said, declined TO take jurisdiction to hear
the petition OF the steamship company.
and the application for mandamuS fol-
lowed.
First Case of Its Kind.
This is the first time. it is understood.
that an effort has been made to have
he District Supreme Court compel the
commission to assume jurisdiction that
he commission has decided it has not.
Counsel for the petitioners told the
court that although the commission was
originally subordinate to the Secretary
IF the Interior, since 1889 it has not been
attached to any of the three grand de-
oartments of the government. The courts
are not wholly harmonious, they claimed.
n stating the legal status of the commits
sion, and the commission, they asserted.
las never seen fit fully to describe it
self.
Counsel urged that the District Supreme
Court has. the authority. in a p.oper
,ase, to compel action by the commits
sion, and cited the opinion OF Justice
Wright In the Valley paper case, in
which he held the joint committee Of
Congress on printing was answerable to
he court when attempting to exercise
purely administrative function.
Attorneys Drayton and Daish urged
hat section II of the act to regulate
commerce is mandatory on the commits
,ion and requires it to execute and en-
,orce all the provisions Of the act. They
claimed the commission might not obey
some provisions and disregard the others
Denies Courts Right.
P. ]. Farrell. solicitor for the interstate
commerce commission, denied the right
If the court in the present case to is
sue a mandamus, without discussing the
abstract right in that tribunal to require
action by the commission. He commended
hat the commission had no Jurisdiction
If the matters and things set UP In the
complaint Of the Humboldt Steamship
Company. and urged that the commission.
n holding an absence Of Jurisdiction. ex-
.rcised judicial discretion. not reviewa-
Die by Q court of law.
The claim was also made that the COM
mission. having decided against juris-
iictional right. the proceeding before the
commission ended and that there is now
eenoing before that body no matter to
:ach.