The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1911-09-20
VITAL TESTS
IN SUPREME
COURT SOON
Railroad, 6TaIn and Rates Gases
So TO Highest Tribunal
This Fall

/ Washington. Sept a0--Many intri.
8cate questions OF interstate ana intra-
Estate commerce promise To nerpleS
+ the supreme court os the United
lSltes during the first month 0f it's
approaching session More than TWEEN,
Bty cases involving such problems
4 nave been advanced hy the court for
iheariug as soon after the opening OF
1.-The term rs possible and the decision
+ are awaited with concern among
transportation interest Two exceed
ilnglN hard fought orders of the in-
lterstare commerce commission Will
COME up for review probably within
the first TWO weeks OF the term. The
extent Of the powers exercised by
lthe commission is challenged in both
instances
The first at these involves the so-.
lcalled grain elevator cases "A long
search OF these cases lis expected to
bring forth decision from the su-
ipreme court On the much disputed
Question as To wether the interstate
commerce commission possesses the
.power 10 prohibit railroads from pay
8ing t0 operators III elevators alI CONF
.pensation for eleyating grain inI
transit
The commission issued orders en-
bracing such prohibition Missouri
river cities are 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 commissions action
The United States circuit court
for Western Missouri has decided
that the commission Is without the
power il sought 10 exercise.
The second order of The commits
sion Ia be questioned will be that pro |
rdjflE for the reduction OF the rates !
Of lan4ber from northwestern states
to cities In the Mississippi valley and |
east TO what they were before Novem- |
her /, 1907. In this case is involved |
the point Of whether the federal |
courts may examine an order of the /
Interstate commerce commission only /
when it is urged that Il is eonGscatory
IN It's operation. or also when il is
urged that the commissions rates
are in themselves unjust and nnreas-
enable
Another issue that viii be fought
out early in the term is whether the
stock yards in the big cities are com
mon carriers within the meaning Of
the interstate commerce laws. The
question rose In a suit by the govern
ment TO collect a penalty prescribed
1y the s hour law, regulating the
care of live stock during Interstate
transportation The It. s circuit
,onrt Of appeals for the seventh cir
.uit held that the stocis Yards vas
lOt a common carried and approved a
,erdict in favor of the yards. "A
One case pressed bv the govern
nent against the Baltimore and Ohio
Railroad company is
expected to lead to a decision as to 4
whether a railroad may transport
hip through a state into another
tate when the state through which
he shop passes is under quarantine r
d accordance wit The law for scab- q
ss in shop
Another case against the Baltimore IA
nd Ohio Railroad company involves Io
be validity of the Indictment against n
he company for the alleged failure to y,
tier It's bridge across the Ohio riy
2 at Parkersburg West Virginia In S
9th cases the government lost be- q,
W. H.,
The validiW q the two cent pas n
snger law Fl West Virginia Will be n,
-eged shortly after court conrenes
I'd 50 VIII that Of a similar la'y for A
imes0tas The constitutlonalHy Of %
e McCord ati on Kentucky. empow
ing the railroad commission TO hN li
tastate rates also VIII be contest m
early. W.