The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-11-22
Enough Votes Pledged to
Repeal Law Creating the
lrlOunal
#. OTHER PLANS FAIL TIT oe.s,,
APPROPRIATION WILL Be WITHHELD
Members Of Congress Are Angered Be.
cause Court Ovcrruled interstate
Commerce Commission in Long and
Short Haul Controversy.

washington, NOV. Ss.-IndI lhe
commerce court, established at the
last session Of congress. will be put
out Of existence at the coming session,
was, made almost certain yesterday
when 1t was learned tnas enough votes
for this purpose had been pledged IN
the United States senate. There have
been intimations from various sources
in. the .ast few days that an attempt
might be made to repeal the law
which created the commerce court,
which is the tribunal to which the ap-
peais from the interstate commerce
commission are carried. It was not
until yesterday, however, that there
was the slightest suggestion that the
attempt might prove successful.
It has now been learned, authorita-
lively. that the senators from Montana.
Idaho. Nevada, Utah. Colorado. Ne
braska, North Dakota. and from the
new states Of Arizona and New Mex
that time. viii! Join in concerted
movement to end the existence Of the
court.
Democrats Expected to Aid.
support from the senator's from the
south is promised. and i. is the ex-
pectation Of the leaders in the nove-
ment that they will have a majority
Of Ave votes on the. question. Should
there he any hitch in the plan the
will then see to It that the approprta-
tlon for the court for the next year
is withheld. This move will be as ef-
fective in killing the court as the ac-
tual repeal of the law.
The movement is not confined to the
insurgents. Regular Republicans and
Democrats will. 1t is said, join in the
NJ &nt fn
merce commission to it's old position
as absolute arbiter between shippers
and the railroads. Any appeals that
are then made must be taken to the
supreme court.
The determination reached by the
western and southern '-seNato sjs due
TO the fact thst the commerce court
overuled the interstate ieommerce
commission in the long and short haul
case. In amending the Interstate COM
merce act at the Iast session, congress
directed the commission to see to Il
that except on special permission. q
road does not charge more for .
schorter distance than for longer
one in the same direction over the
same line.
water Competition Denied.
1t has always been the plea of the
railroads that where water transpor-
'tation enters into the question as a
competitive factor II 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 a shipment
to point nearer the starting place,
New, for instance. would find 1t cheap
er to send to San Francisco for goods
than to have them shipped direct from
Chicago. In this way, the railroads,
on the plea that 1t was necessary to
compete with water transportation.
were able to get the benefit Of the
rates charged to San Francisco and
charged 81 congress that there was no
real competition between the railroads
and the water transportation COM
panies.
At the time the amendments to the
interstate commerce act were, being
considered in the senate. a majority
of members were Of the belief that
should the rates for as hort haul ex-
ceed those charged for long haul.
There were enough votes to put this
provision into the bill, but at the last
moment fear arose that this might
work some injustice in certain cases.
and that It would be better to leave
the matter to the discretion Of the in.
terstate commerce commission, in
whose membership all the members
Of congress had full faith.
In Glass With Congress.
It was decided then to SO phrase the
long and short haul provision to read
that Except on special permission" a
railroad must not charge more for a
short haul than for Ion gone. Ger
tain. reductions in transcontinental
rates were made by the Interstate
commerce. commission under this au-
thority. but the commerce court in
overruling the commission. argued
that tho orders Of the latter do not
esta blish absolute rates for either the
long or short haul. but they do estab-
lish relation between any long haul
rate that a carrier may put into effect,
and the short haul rate. determining
that from zone one the western short
haul rate shall not exceed the long
haul rate. and that from zones two.
three and four the short haul shall
not exceed the long haul rate by
and IS per cent. respectively.
Insofar" says the commerce court,
''as the commission attempts thus. to
determine the relation Of the long and
short haul rates, irrespective of abso-
lutte rates. 1t goes beyond any authority
that has been vested in It. The prac-
ticsl effect Of the commissions order
ID oltHoE 10 COIHpet q VldHNeI TdLe IrOnl
the entire east to the entire west. or
to prevent the carriers from getting
all the business which they now se-
cure without loss by making rates
which enable merchants to meet mar
ket competitions"
The effect Of the overruling opinion
was to dispute the right Of the com
mission to the exercise Of the discrc-
tion which congress conferred on that
body. The purpose Of the members Of
congress was to virtually establish the
principle that no short haul rate
should be greater than a long haul
rate. exceptional cases being left to
tho .inferafate con, n, erro rov, ~, Suulo,,