The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-09-19
MUCHWORKAHEAD
First Month of Supreme Court
Session a Busy One.
Many NEUTRALITY-SUSPICIOUS. in Com
merce to Be Decided.
MORE THAN 90 CASES
MORE THAN 90 CASES
Involving Such Problems Are
Advanced for Hearing.
Power of the Interstate Com
mission Is Challenged.

Washington, Sept 19.-Many intri-
cate questions of interstate and intra-
state commerce promise to perplex the
supreme court of the United States
ing session. More than twenty cases
involving such problems have been ad-
vanced by the court for hearing as
soon after the opening of the term as
possible and the decisions are awaited
with concern among transportation in
terests. Two exceedingly hard fought
orders of the interstate commerce
commission will come UP for review
the term. The extent of the powers
exercised by the commission is chal-
lenged in both instances.
The first of these involves the So
called grain elevator cases. long
search of these cases is expected to
bring forth a decision from the su-
prene court on the much disputed
question as to whether the interstate
commerce commission possesses the
power to prohibit railroads from pay
ing to operators of elevators all com
pensation for ''elevating grain in
transit
The commission issued orders en-
bracing such a prohibition.
Missouri river cities are principally
affected by the orders and the boards
of trade from these points have joined
with the railroads terminating there to
test the validity of the commission's s
action. The United States circuit court
for western Missouri has decided that
the commission is without the power it
sought to exercise
The second order of the commission
to be questioned will be that provid-
ing for the reduction of the rates on
lumber from northwestern states to
cities in the Mississippi valley and east
to what they were before November
L. 1907. In this case is involved the
point of whether the federal courts
nav examine an order of the Interstate
G10 Tar ic
urged that it is confscatory in its
operation or also when it is urged that
the commissions rates are in them
selves unjust and unreasonable.
Another issue that will be fought out
early in the term is whether the stock
yards in the big cities are common car
riers within the meaning of the inter-
state commerce laws. The question
arose in a suit by the government to
collect penalty prescribed by the rs
hour law regulating the care of live
stock during interstate transportation.
This action was brought against the
ST. Louis National Stockyards. The
United States circuit court of appeals
for the Seventh circuit held that the
stockyards was not a common carrier
and approved a verdict in favor of the
yards.
one case pressed by the government
against the Baltimore & Ohio South
western Railway company is expected
to lead to a decision as to whether a
railroad may transport sheep through
a state into another state when the
state through which the sheep pass is
under quarantine in accordance with
the law for scabieS in sheep.
Another case against the Baltimore
& Ohio Railroad company involves the
validity of the indictment against the
company for the alleged failure to
alter its bridge across the Ohio river
at Parkersburg, w. Va. In both cases
croxarY1yn pnt lost below.
The validity of the two-cent passen-
ger law in West Virginia will be ar
gued shorty after court convenes and
so will that of a similar law for Min
nesota. The constitutionality of the
McChord act of Kentucky, empower
ing the railroad commission to fix in
trastate rates also will be contested
early.