The Birmingham age-herald., 1912-04-01
Biggest Cases Are to Come Before Tribunal This
 Term
LAWS WILL STAND OR
 FALL BY. DECISIONS
The Record in the Missouri Cases Covers 10000 Pages = The Minnesota Cases Most
 Comprehensive

Washington March s1.-Their bulk and importance ranks the group of state rate cases to be taken up for consideration to- morrow by the supreme court as the big rest cases to come before that tribunal this term.
 State rate laws and orders in Missouri, Kentucky. West Virginia, Oregon Min nesota, Arkansas and Ohio will stand or fall by the decision of the court. State rate orders in practically every state or the union will be swept out of existence if the court finds that the orders and laws now in question burden interstate commerce.
 Missouri Record Bulky
 The record in the Missouri cases alone covers 10000 pages. This represents more words than have been uttered in both the House and Senate during the present session of Congress The justices are each supposed to digest this record and the thousand pages of briefs besides.
 The Minnesota cases are almost as bulky and have been referred to as the. most comprehensive. The validity of practical ly all maximum freight rates in the state, as well as the cent passenger law, Is involved. Two big questions are before the court The first, likewise arising In cases from the other six states, is whether the reduction of state rates would require the railroads to reduce similar interstate rates and if such reduction of state rates would be a burden on interstate com merce. The Minnesota federal court held that it would be burden. The other
 1Aeao fn the property of the railroads.
 In answering the latter question in the affirmative the lower court adopted the Reproduction cost new, ",of the railroads as showing their fair value. The state claims that was q wrong basis The state also objects to the nse or the sloss t4rn. ings as the basis for dividing the value \ between interstate and intrastate business land between passenger and freight busi- xness.
 < In the Missouri cases maximum freight land the cent passenger laws are in- tyolved The federal court in Missiuri held the rates confscatory, but not burden in interstate commerce. The controversy ] over valuation was avoided In an agree ment to regard three times the taxation as the flair yalue The Kentucky case involves the constitutionality of the state railroad commission act and the validity of reduced rates on distilery supplies from Kentucky cities on the Ohio river to in- land cities The railroads lost on both points in the lower federal courts.
 Two Cent Rate in West Virginia
 The West Virginia controversy relates merely to the validity of the cent pas senger law. The supreme court of West Virginia held it did not burden interstate commerce and was not confscatory. Un- successful attacks were made on the law because of it's penalty clause and its ap- plicabilty only to steam railroads and not to electric railroaos.
 The Oregon cases are almost identical with the Kentucky cases The constttu- tionality of the state railroad commits sion act and the validity of rates from Portland to other Oregon cities in the eastern and southern parts of the state are involved The lower federal court up- held the law and the rates.
 In the Arkansas cases the maximum freight law and the cent passenger law were found by the federal district court to be confiscatory. The valuation was placed at twice the taxation valuation.
 In the Ohio case the only question in- volyed is the validity of state rate, fixed by the Ohio railroad commission, on steam coal from eastern Ohio to Lake Erie. Pittsburg vein operators objected to the rates on the Wheeling and Lake Erie. The railroad contends that the freight is interstate commerce trans-shipped at Cleveland and Huron, O., for lake cities in other states. The railroad won below.