The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-01-12
new COMMERCE
COURT MIDDLE
New Tribunal Is an Encurn-
brance Upon Regulation
Of Rates

washington. Jan. 1.-THE conflict
of jurisdiction between the new COM
merce court and the interstate COM
merce commission today overshadowed
other intricate problems of govern
mental rate making considered by the
supreme court OF the United States.
The tense situation existing in
Washington was shown by the fact
that ostensibly over question of class
rates between Cincinnati and Chatta-
nooga upon a single road. the Cincin-
natl. New Orleans and Texas Pacific,
there appeared to address the court
not only attorneys for the railroad and
the shippers interested. but the legal
representatives of the interstate COM
merce commission apd the department
Of Justice. { The csssn yas the first
from the commerce court to, o,reacir,the
supreme court. =
The court itself was the first to
suggest question about the jurisdic-
ton OF the commerce court. Francis
shippers. was detailing to the court
an account Of how the shippers had
failed to get reduction of the 76
cent schedule of rates over the Gin
clnnati, New Orleans and Texas Pa
cific to 60 cent basis He told how
the commission reduced the schedule
to 70 cents and then how the shippers
appealed to the commerce court to
annul the commissions order.
Justice Van Devanter inquired about
the power Of the commerce court to
review the refusal Of the commission
to grant relief to a shipper. Mr..
James replied that the act creating
the commerce court opened that court
to the shipper as we'll as to the rail-
road.
Assistant Attorney General Denison
then addressed the court and the jur-
isdiction Of the commerce court came
squarely in issue.
In narrow, literal view," Mr..
Denison said. these words "any other"
OF the statute creating the commerce
court which the commerce court has
Jurisdiction to annul or set aside.
might be construed to apply even to
negative orders such as those deny
ing relief or disrnissing complaints,
but the context and spirit and purpose
of the act show that such could not
have been the intention"
MIR. Denison pointed out that In the
case before the court the commerce
court had decided it had jurisdiction
over orders Of the commission deny
ing relief to shippers, but held that
the order affecting rates between Gin.
cinnati and Chattanooga, was not to
be disturbed.
IT the commerce court had con-
GUIDED, he said. 'as urged by the
ule was excessive and that sixty cent
schedule was proper, it could have
done nothing to accomplish any re-
suit. It could only announce its opin.
Ion. II 1t had taken that view and
entered an order annulling and setting
aside the order Of the commission, the
sole direct effort would have been the
opposite to Its desire: because by wip-
ing out the order Of reduction to
seventy cents it would have accom-.
plished nothing but the reinstatement
OF the former seventy-six cent sched-
ule. which the commission, as we'll as
the court and the shippers, would have
agreed to be excessive. It would have
been increasing the error 1t was criti-
cising. 1t seems hardly reasonable 10
suppose that congress, II It had in
tenoed TO give the commerce court this
would thus have left the
court without any means Of bringing
itself clear on the ISSUE"
Solicitor p. ]. Farrell Of the inter.
state commerce commission spoke
along the same line. In addition he
replied to Mr.. James argument that
the commission allowed the Cincin-
natl and New Orleans and Texas Pa.
enc to earn forty-four per cent net
with a number of unprofita-
nle branches. might have a reasonable
rate. Mr.. Farrell said it was we'll
within the powers of.the commission
in making a rate to take into consid-
GRAFTON all the circumstances and as-
serted that IL was not limited to con.
ditions on "bee line" railroad be-
tween two cities.
r. Watson Moore spoke for the Gin.
cinnati. New Orleans and Texas Pa.
cifc. \