The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-01-16
TUESDAY. JAN. 16, 1912.
A n IN TIL: EYE.

Le1 wear congress tried to Guido
itself in the enactment OF 30 caiieo
Z. reform Legislation and passed Il o'ii
creating Il court. the Jar-
fsdiction OF which was limited TO
hearing and determining cases afis-
ing out of Interstate commerce.. we
do not now recall at whose instance
th. law was prepared. bnt ho'h
branches of congress passed inc
measure and President Taft approx
.ed it. Tho bill created little COM
merit in the press and tho public gem
eralM was not aware that such a trl-
bunal had been created until the ap-
Monuments Of its members We're
made.
The absurdity OF such a court
would seem to be apparent when 1t
is recalled that the interstate COM
n1erce commission which had been
IN existence for several years, had
conclusivcly shown its ability to fix
interstate redress griev-
ances Of shippers and, in n word.
regulate railroad rates and accommo-
CATIONS much as n board OF directors
would regulate the affairs of a large
business concern. The commission
heard the facts in the controversy
and by its DEGREES changed the rate
or redressed the grievance without
imposing pecuniary mes or intlicting
imprisonment. The commission was
doing it's work thoroughly and both
railroads and shippers were looking
to 1t for final adjustment Of differ
ences without the tedious delays of n
court.
But the reformers were not content
to let we'll enough alone. They want
ed a court emblaZoned with red tape
and hedged about with dignity. and
congress created Just such a tri-
hunal. No sooner was the new en-
~>erprise launched, than it proceeded
to show the interstate m COM
mission where TO head in. II a graphic
and appropriate term of the street is
permissible. 4 few weeks ago the
commission fixed freight rates on
certain railroads and ordered h a
these rates he put in operation with
i'm =, certain period. The
court got busy and cnjoined the COM
mission from carrying u it's decree,
and, us the new tangled court thought.
putting the commission out of bust
ness.
The case was carried to the SUI
prcrne court of the United States by
AN expeditions process and when tina,
tribuna finished, the court
looked like a drunken man that had
been squarely hit by a snowslide from
the roof of a four story building. A
part of the syllabi reads:
There has been no attempt to
make an exhaustive statement of the
principles involved. but in cases thus
far decided it has been settled that
the orders of the commission are
final, unless % beyond the power
which 1t could constitutionally eXer-
else, or (2) beyond the statutory pow
er. or CD based upon a mistake of
law. But questions of fact may he
involved in the determination of ques-
tons of law. so that an order regular
on its face may be set aside If 1t APP
pears that 90 the rate is so low as to
he co~nfiscatory and in violation Of the
constitutional prohibition against
taking property without due process
of law. or CD that the commission
acted so arbitrarily and ~unjustly as
to fix rates contrary to evidence or
without evidence to support it, or CD
If the authority therein involved has
been exercised In such an unnreason-
able manner as to cause it to be
within the elementary rule that the
substance and not the shadow deter
mines the validity of the exercise OF
h power.
I'm determining these mixed ques-
tions of law and fact, The court con-
fines itself to the ultimate questions
as to whether the commission acted
within its power. 1t will not consider
the expediency or wisdom OF the or
der, or whether. with like testimony,
it would have made n similar ruling.
The findings of the commission are
made by law prima facie true. and
this court has ascribed to them the
strength due to the judgments of n
tribunal appointed by law and in
formed by experience
Its conclusion, of course. is sub
.iect to review. but when supported by
evidence is accepted us final: not that
its decision, involving as it does testi-
mony and such vast public interests.
can be supported by a mere scintilla
of proof--but the courts will not cx-
anime n facts further than to as
certain whether there was substantial
evidence TO sustain the order"
decision means. IL the lay
mind can grasp plain English, tina
go far as fixing rates are concerned
the interstate commission
is the sole judge Of tho facts upon
which such rates are based-the Jury
whose verdict can not be disturbed by
any caurt except for fragrant disre-
gard OF merit. This leaves the pomp-
GUS and meddlesome commerce court
nothing to do but tweedle it's thumbs
and draw its salary. Congress should
abolish the judicial mo%nstrosity at
once.
But the court is not to blame pri.
marily. There vas a demand among
those who believe that legislation is
the cure for all the ills of the body
polite. for just sue a court. Now
that the supreme court has shredded
1t Of its presumed authority, the abb
surdity of creating one body to reg
ulate things and hen creating anoth-
or body to regulate the preceding
one. is apparent. 1t ought to serve as
a check upon the demand for the ere
alton of costly bodies to reeulate
another body with the same opportu-
mites of getting accurate results.