The Richmond palladium and sun-telegram., 1911-10-08
COMMERCE COURT To
HAVE A BUSY SEASON
Will Take Up Rate Case
Which Won 1t Animosi-
ty Of the Public.
fNational News Association

tNational News ASSociation)
WASHINGTON, Oct. THE Unit
ed States Commerce Court which con-
vened on October is now settled in
its new quarters, and has buckled
down to work. The outlook is for
very busy season. In addition to con-
sideration and decision in number OF
cases which were heard at the spring
session of the court there are twenty
right new cases on the docket.
One of the most interesting suits,
because of criticism of the COM
mercc court in connection with it, is
that Of the Baltimore and Ohio rail
road. the Brooklyn Eastern District
Terminal. and John Arbuckie against
the government and the Federal Su.
gar Refining company. Much inter
est is manifested in this case, and be-
cause of the publicity which it gained
last year, and the embarrassing posi-
tion in which it placed the commerce
court, it is more than likely that the
case will be one of the first decided
| at this session. The question involved
in the case is that Of lighteraGe charg-
es on sugar in and near New York har-
| Dor. The Interstate Commerce Com
mission had equalized lighterage
charges. thereby depriying one COM
! pany of it's advantage over another in
that respect. This was just two
weeks before the close of the spring
session of the court, and all the time
that remained in which to carry out
! Of hn SC
ingly the court last may granted tenn
porary injunction against the enforce
ment of the commissions order. The
press throughout the country charac-
terized this as a betrayal by the COM
merce court of the rights of the peo-
pie, and surrender to the interests" "
The commerce court was bitterly
assailed from all sides. On the face
of it it appeared as if the "interests"
had found friend in the court but as
a matter of fact the court did not at
tempt to pass upon the merits of the
case, and granted the temporary in.
junction merely that an opportunity
might be had to hear the case later on
it's merits.
Another case to be tried at this ses
sion of the court is the Atlantic Coast
Line railroad company and others tc
set aside an order of the Interstate
Commerce Commission prescribing the
rail and water rates on boots and
shoes from Boston and New York tC
Atlanta, Ga. Another case is that o1
the Baltimore and Ohio railroad te
set aside an order of the Interstate
Commerce commission denying the
right of the carriers to make a distinc
ton in rates between railroad fue
coal and other kind of coal. A tempo
rary injunction was granted by the
commerce court last May in this case
and an appeal taken to the United
States supreme court. Still another
important case is that of the Atchi
son, Topeka and Santa Fe railroad
company ct al, to set aside an orde]
of the Interstate Commerce Commis
sion reducing from $50 to $3.50 PEI
car the charge for refrigeration O
citrous fruits, where such fruits ar
preceded and iced by shippers.
There are ten cases scheduled TO-
trial relating to the hours of servic'
of railway employees, and involving
the Boston and Maine, and the New
York. New Haven & Hartford rail
roads. These cases have all been az
pealed from various circuit courts
and will not be heard by the commerc
court. The reason why these case
will not be heard is that the Unlte'
States supreme court has rendered
decision affirming the order of tn
Interstate commerce commission, pre-