Kingsbury County independent. (DeSmet, Kingsbury County, S.D.) 1894-1929, 1911-09-29
RAILWAY QUESTIONS
BEFORE HIGH COURT
More Than 20 Important Cases
to Be Taken Up When New
Term Convenes.

Washington, Sept 20-Many i~ntricarx
questions OF interstate and intrastate
will perplex the supreme
court court of the United States during
the first month OF its approaching ses-
sion. More than 20 cases involving
such problems have been advanced by
the court for hearing as soon after the
opening of the term as possible and he
decisions are awaited with concern
among the transportation interests.
Two exceedingly hard fought orders
of the Interstate Commerce commission
will come up for review probably with
in the first wv weeks of the term.
the commission is challenged In both
instances.
Grain Elevator Cases.
The first of these involves the So
called grain elevator cases." A long
search OF these cases is expected to
bring a decision from the supreme
court on the much disputed question
as TO whether the interstate commits
sion possess the power to prohibit rail-
roads from paying to operators of
elevators all compensation for 'eleva-
ting grain In transit" The commission
issued orders embracing such a proht-
billion. Missouri river cities are prin-
cipally affected by the orders and the
board Of trade from these points have
Joined with the railroads terminating
there TO test the validity of the COM
missions action.
The second order OF the commission
to be questioned win be that providing
for the reduction Of the rates on lum-
Der from northwestern states TO cities
in the Mississippi valley and east to
what they were before November i,
1907. In this case is involved the point
of whether the federal courts may X
"a ~ Iva N ., A.1n, - H. a.A.< a. 49,
merce commission only when IL is
urged that 1t Is confiscatory in its oper-
alton, or also, when it is urged that
h commissions rates are in them.
selves unjust n unreasonable.
Stockyards Cases Set.
Another issue that will be fought out
early In the term is whether the stock
yards in the big cities are common
carriers within the meaning Of the in
terstate laws. The question
arose In a suit by the government to
collect a penalty prescribed by the %
hour law regulating the care OF live
stock during interstate transportation.
This case was brought against the ST
Louis National stocks yards.
The United States circuit court OF
appeals for the seventh circuit held
that the stock yards was not a COM
mon carrier n approved a verdict In
favor Of the yards.
One case pressed by the government
against the Baltimore & ONO south
western railroad company is expected
to lead TO a decision as to whether a
railroad may transport sheep through q
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
& ONO railroad company involves tho
validity Of the indictment against he
company for alleged failure TO alter its
bridge across the Ohio river at Par
kersburg, w. Va. In both cases the
government lost below.
The validity Of the two cent passen-
ger law in West Virginia will be ar
gued shortly after court conyenes and
so will that of a similar law for Minne-
sofa. The constitutionality OF the Nc
Chord act of Kentucky empowering he
railroad commission to make intrastate
rates also will be contested early.