The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1911-11-16
new commerce
court DOOMED
BY The SENATE
Middle West and Southern Sem
=. atOrs Plan TO End Tri=
bunaI's Existence
Will Withhold Appropriation II
Unable to Repeal Law
Creating 1t
Members of Congress Angered
at Interference With Inter-
state Commission
ISnecinl Di,pafeh 10 The Cali

Special DIspdtch 10 nc NoAl
AsHINGToN. Nov. 15.-That
the new court of commerce es-
Wv tablished at the last session
of congress will be put out of
existence at the coming session was
made almost certain today when it was
learned that enough votes for this pur-
pose have been pledged in the United
States senate.
Senators from Montana, Idaho, Utah.
Colorado, Nebraska, North Dakota and
from the new states of Arizona and
New Mexico, if they have elected sena-
. tors by that time, will join in a con-
1erted movement to end the existence
Of the commerce court. support from
the senators from the south is prom
.fsed. and it is the expectation of the
leaders in the movement that they will
have majority of five votes on the
question of eliminating the commerce
court
Will Cut Off Funds
Should there be any hitch in the
plan of putting the court out of ex-
fstence the senator's who are in the
movement will then see TO it that the
approximation for the court for the
next year is withheld. This move will
; be as effective, in killing the court as
the actual repeal of the law creating
the new legislative body.
Regular republicans. insurgents and
democrats will join in the effort to
remove the court and restore the inter-
I'D
position as absolute arbiter between
shippers and the railroads. Any ap-
peals that are TO be made must be
taken to the supreme court.
The determination Of the western
and southern senators is due to the
fact that the commerce court over
ruled the interstate commerce commits
sion on the long and short haul case.
Law as Amended
In amending the interstate commerce
act at the last session. congress direct
ed the commission to see to it that,
except on special permission, road
does not charge more for a shorter
than for longer distance in the same
direction over the same line.
It always has been the plea of the
railroads that where water transporta-
tion enters into the question as com
petitive factor it is necessary to give
lower rates to shippers. On this
ground railroads have been known to
give much lower rates on a shipment
TO san Francisco than on shipment
to 4 point nearer the starting place.
but in the interior.
Reno. New. for instance. would find
it cheaper to send to san Francisco for
goods than to have them shipped direct
from Chicago.
In this way the railroads. on the plea
that it was necessary to compete with
svater transportation. were able to get
the benefit of the rates charged to san
Francisco and then back again to Reno
Commission OverruIed
It was charged in congress that there
was no real competition between the
railroads and the water transportation
companies.
~ 1T was decided then to phrase the
long and short haul provision TO read
that except on a special permission a
railroad must not charge more for a
short haul than for long one
Certain reductions in transconti-
mental rates were made by the inter
state commerce commission under this
authority, but the commerce court, in
overruling the commission. argued that
the orders of the latter exceeded au-
thority
While the commerce court upheld the
authority of the commission to regu-
late the rates for the long and short
haul the effect of the overruling
opinion was TO dispute the right OF the
commission to the exercise of discre-
ton which congress conferred on that
body.
Friction Exists
The purpose of the members of con-
gress was to virtually establish the
principle that no short haul rate should
be greater than long haul rate except
on exceptional cases, it being left to
the interstate commerce commission to
decide. The present case was consid-
cred exceptional and the commission
used its discretion. Now the commerce
court has said the commission used too
much discretion.
It has been known for some time that
considerable antagonism exists between
the commerce court and the interstate
commerce commission. The judges of
the commerce court feel that their
tribunal is unpopular in congress and
outside OF ii, and that its life will not
be OF long duration.
1t is broadly suggested by some Of
a the members of the senate that the
Judges of the commerce court are not
averse TO taking a crack at the popu-
lar commerce commission" whenever
the opportunity offers itself. Most Of
the commissions rulings have been
overturned or changed in some re-
spect by the commerce court since that