Bisbee daily review., 1911-11-19

proposes to show how seriously the legislative rover has been curtailed and impaired.
 Experts in matters of interstate com mcrce de1lare that the court of com commerce controls it at the present time. Twenty years of legislative energy were consumed 10 bui q the present system of interstate reguia- tion. That is nov menaced, say tho students ol interstate law
 [. C. commissions's View
 And yet while the court of commerce and the interstate comerce commis' sion are generally regarded as bodies hostile to one another. it is said at the interstate commerce commission empaatically does not desire the ab- oiition of the court of commerce. The stand taken hy the commission is said to concentrate the judicial power over commission rulings in the court of commerce. Instead of scattering the iuCicial Eower through the circuit COIrts.
 Leaders of the democratic party too. are watching for the outcome of the attack to le made against the court of commerce. There are many who declare that the bill can be ras- sed in the house 1T they are right and President Taft should use the power 70 vote on the bill abolishing the court as he undoubtedly would, it is declared that it would weaken him as presidential candidate to succeed himself. aud so she question Of the nsurpadon of judicial powers may become more ot a factor in the campaigns of 1912 thar now appears likely.
 Court Net to Regulate.
 Views as to what congress should pursue arc. widely divergent. One of the members ot the interstate com. mcrcC commission declares that there cannot be two supervisory bodies 10 regulate the instrumSntalities of legis lation. He holds that effective power to control interstate matters must be in the hands of one body or in none.
 Congress cannot delegate, legis- lative functions to court" be says, therefore the business must be left to an agent of congress--a commis- sion-or it may be abandoned Courts cannot do it and do it effectively. lf the courts are to continue negating the effects of the legislature, then there can Dc only one result
 Tue people will discover that the courts cannot regulate. They wila come 10 the conclusion that the na- ticn must own the railroads. There is nov no doubt as tO the power Of the federal government to take over the transportation lines Of the oOun- try.
 Supreme Court Attitude.
 Another public man declares th7t the supreme court of the United States has been regarding favorably the establishment of the court of com merce. gThe highest court of the nation. he predicts will be dis posed 10 treat the court Of commerce with little consideration The SUI. rene court has already handed down long list oi decisions vaich hold that the courts cannot interfere with lhe discretion of the interstate commerce onmmissi1u aud cannot go lehind it's findings in fact il will stand by thOsc decisions.
 Still another expert declares tue Su- preme court will sustain the court Of cOmerCc. The policy Of the com mcrce court is going to he 10 enjoin the orders nC the commission right alcns, is tHc way hc puts iL The supreme court will sustain it It is the disposition CT higher courts never to oyerrhtc a lesser court, unless it is Imperative