Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1911-11-15
ARCHIBALD CONCURS IN INJUNC-
TTON BUT DIsSENTs AS TO
LAWS VALIDITY.
CASES Good FOR THE TEST
Can Establish Lower Rate for Long
Haul Than for shorter II Com
ditions Warrant,

WASHINGTON. Now l4-In the
majority opinion OF the rommerce
court formally handed down today in
the transcontinental rate cases, II is
held that the long and short haul
provisions of the interstate commerce
act Is constitutional. Judge Archi-
bald concurs in the issuance OF a tenn
porary Injunction of the orders of the
interstate commerce commission, but
In dissenting opinion, holds the long
and short haul provision to be in
valid.
The commerce court reached the
conclusion that the cases involved in
the present proceeding afforded the
best possible opportunity for a deter
mination Of the constitutionality and
provision for the act to regulate COM
merce. IT was realized that the ques-
tion eventually would haw, to be
fought out before the United States
supreme court.
What Former Opinion Held.
In the former opinion prepared by
Judge Mack, the commerce court not
merce commission that the long and
short haul provision of the fourth
section of the law, is constitutional,
but that it would be unconstitutional
as ian unlawful delegation of legis-
lative power" in no standard were
given to guide the exercise of the
commissions discretion in granting
authority to depart from the rule for
bidding o lesser rate for the
long than for the short haul in the
same direction and over the same
line"
May Use Its Discretion.
BY an exhaustive examination Of
the entire law, however, the court
reaches the conclusion that it Is the
duty of the commission to exercise Its
discretion to establish a lower rate
for longer haul than for shorter,
If the conditions in its opinion war;
rant such action.
The court proints out that the order
of the commission which are enjoin-
ed do not establish absolute rates
for either the long or short haul, bur
they do establish a ratio between any
long haul rate and that carrier may
put into effect and the short haul
rate, determining that from zone u
the western short haul rate shall not
exceed the long haul rate, and that
from zones g. and 4, the short haul
shall not exceed the long haul rate
by more than seven per cent, Is per
cent and 25 per cent, respectively.
Going Beyond Authority.
I'm so far as the commission at
tempts thus to determine the rela.
tion of the long and short haul rates.
irrespective of absolute rates, Ii goes
beyond any authority that has been
vested in ii, for 1t is not In the power
of the commission to say that 100
per cent or 107 per cent or any given
percentage of an unknown less than
reasonable rate to the coast is reas-
enable and discriminatory rate
from the same point or again to in
terror point.
"The practical effect OF the COM
mission orders is either to compel
blanket rate from the entire east to
the entire west, or to prevent the car
riers from getting all the business
which they now secure without loss by
making rates which enable merchants
to meet market competition"
Comments on Invalid Part.
Judge Archibald. In an opinion con-
curing with the majority OF the court
as to the propriety Of the granting OF
temporary injunctions against tho
orders Of the commission, which he
holds were really invalid" says:
II cannot see my way to go beyond
this and declare the fourth section
valid, on which. II anything Is to be
said. my opinion is to the contrary"
Final determination by the COM
merce court of the question whether
the temporary Injunction granted
shall be made permanent probably
will not be reached for several
months.