The Calumet news. [volume] (Calumet, Mich.) 1907-1938, 1911-09-29
MANY RATECASES
AWAIT DECISION
Commerce Court Of United States
Has Thirty-0ne on Its
Docket
RESUMES SESSIONS OCT. 2
So Far Five Cases Has Been Decided
and Eight Others are Under
Consideration.

Washington, Sept 29.-Thirty one
cases are on the docket of the United
States commerce court, which will re-
sume its sessions i'm Washington at
noon oct. 2. The court so far has de-
cided five cases and has eight others
under advisement. Among the deci-
| sions pending. one of the most i'm
portant relates to the order of the in
terstate commerce commission i'm the
case of the Louisville x Nashville
| railroad setting aside the existing
class rates from New Orleans to Mo-
bile and other points In Florida and
Alabama. In this case the through
rates exceeded the sums of the locals
and the shippers avoided them by
shipping locally from New Orleans to
Mobile and then transmitting to the
other points. The excess of the through
rates on the sums OF the locals was
exactly identical i'm each instance with
the advances complained of, and the
opinion states that the defendant COM
advance was to prevent the local rates
from being used to cut the through
rates. A second case of broad impor-
tance I'm California fruit shipments
is that I'm which the commission or
dered he Atchison to abstain for two
years from charging more than dol
lar hundred on lemons shipped from
southern California.
The first case on the calendar is that
of the Atlantic Coast line and other
eastern railroads and steamship COM
panies in which the commission had
reduced from a dollar and five cents to
hinety-five cents the rail and water
rate on boots and shoes from Boston
and New York to Atlanta. This Is
known as the Kisser case, the inter-
er & Co. and j. X. orr Shoe company.
Ten of the cases scheduled for trial
relating to the hours of service of rail-
road employees and involving the Bos-
ton q Maine and the New York, New
Haven & Hartford railroads, all ap-
not be heard, as the supreme court
meapsime has rendered a decision af-
frmme the order of the commission
prescribing the method and forms oi
monthly reports OF hours OF service
of employees to be returned by the rail-
road companies
Two suits of the Southern Pacific
involving class rates from Sacramento
to points west of ogden and from var
ious Eastern points to Reno are on
the docket, where they have been held
pending the decision Of the commission
I'm the Inter Mountain cases recently
rendered. third suit brought by the
Atchison is i'm the same category and
all await the decision of the companies
and their attorneys as to further pros
ecution before the court. A suit of the
Chicago. Rock Island e. Pacific in
volving rails from Rock Island to Des
Moines may be dismissed by agreement
of counsel
one of the most interesting suits.
because of a hasty unjust criticism
Of the commence court in connection
with it. is that of the Baltimore Il
Ohio railroad, the Brooklyn Eastern
District terminal company and John
Arbuckle against the government and
the Federal Sugar Refining company.
This Is the case affecting llghterage
charges on sugar in and near New
York harbor in which the commission
had equalized lighterage charges,
thereby depriving one company Of its
advantage over the other i'm that re-
spcct. As only two weeks remained in
which to carry out the orders of the
commission, the commerce court last
May granted a temporary injunction
against the enforcement of the order,
which at once was hailed by the SEN
sational press as a betrayal by the
commerce court of the people and a
surrender TO the "interestsl" AS a mat
ter of fact, the court did not attempt
To pass upon the merits OF the case
and granted the injunction merely that
an opportunity might be had to hear
the case on it's merits later. Meantime
an appeal to the supreme court has
been taken and the case will be heard
there. unless sent back. Appeal To the
supreme court has been taken, also. on
the order OF the commission in the
case of the Baltimore q Ohio railroad,
denying the right Of carriers to make
a distinction I'm rates between railroad
| fuel coal and other coal The com
merce court is not an appellate court
but one of original jurisdiction. intend
ed to relieve the circuit courts of rail-
road cases.