The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-11-11
STATUSOF COURTS
MUST Be DEFINED
Made Imperative by Commerce
Courts Injunction of Inter
/ state Commission.

Warrington. November Io.--;rhat the
Supreme Court must soon define the
exact powers OF the new Court OF
commerce. is made practically certain
ro-day, following the action of the
court in enjoining the Interstate Com.
merce Commission In the famous In
terinountain rate cases.
The decree of the Court OF Com
nlercc holding UP the order of the In
tcrstatc Commerce Commission for u
reduction in rates 10 !ntormountuIn
points Is the most sweeping Injunction
Set issued BY this rccently-created
court OF review. IT is regarded as in
eNi'aole that the highest tribunal VIII
DC ASKED by the Interstate Commerce
commission 10 define Immediately tho
etatus-of the two courts.
INC Injunction OF the Commerce
court In the intermountufn cases. made
public last night, means. temporarily
pt least. the railroads may continue to
charge the old rates to points IN
Washington. Nevada. California and
ARIZONA, and that the reductions ord
cred by the Interstate Commerce Com
mission cannot 20 into effect These
Teuuc"d rates Were TO have become .f-
icctiyc next Wedncsdny
The Injunction OF the Commerce
SpurI 20 which the raiIroads appealed.
means that no reduction shall be made
Hhtli the Commerce Court passes final
judgment upon the issues involved
an some Instances the reductions or
pored by the Interstate Commerce Com
mission amounted TO approximately 20
per cent. The action OF the Court or
commerce therefore brings disappoipt-
nent 10 hundreds Of Western shinncrs
anu consignees. while the railroads arr
naturally elated at having won arst
blood
Numerous Western ci..s have be.n
Soihpia'hins against tho long and short
hSul rates OF the various railroad rys-
tens serving that section. Tho Inter
state commerce Commission needed the
plea. but the Commerce Court has nov
intcryencd
This latest sweeping decree is ex-
pectea TO accentuate the growing dir
aetcnces between the Interstate Com
inerce commission and the Commerce
Sourt, which, though q younger BODY.
~ the greater authority. under recent
amendments 10 the interstate com :
mercc act.
Attorneys representing the govern
incht nave commended that the Supreme
"hrt hoida that findings Of fact by
ere hhai and that in the Spokane and
lteao cases, as well as several oibers.
thesc rnd!ngs were not susceptible OF
review BY the Court of Commerce.
Attorneys for the interested rail-
roads, however, argued constitutional
questions were involved, attacking the
cohstitutionality of the amendments
70 tho law Itself. and the Court Of
Commerce. through Its decree. seems to
have accepted, at least for the pres-
eHl, the latter view.
That the members OF tho Interstat e
Commerce Commission are displeased
over the Injunction OF the Court of
Commerce is well known here to-day.
T'rhe breach between tho two bodies
Is widening. and underneath the sur
lace there is every indication OF re
sentiment on the part of the commits
sion toward the court of review. the
creation OF which was severely criti-
Slzed IN some quarters originally
AS an added indication that q crisis
is approaching in the AFFAIRS of the
Two courts is tho announcement by.
Congressman Sims. OF Tennessee. mem
Der of the House Committee OIL Inter
state Commerce, that he will intro.
ducc a bill to abolish the Court of
Commerce.