The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1912-06-08
new COMMERCE
COURT GURBED
Y. 8. SUPREME COURT HOLDS 1T
HAS NO AUTHORITY IN ADMIN.
isTRATioN OF FEDERAL Kate
LAWS.

" AaLli.NSlO4N, -JuI9 y -, lJlOW
after blow was given the new com.
merce court yesterday by the supreme
court OF the United States, which np.
held the exclusive jurisdiction OF the
cases OF the Interstate Commerce
Commission over the administrative
machinery OF the federal rate laws.
The principal decision was an.
nonced by Chief Justice White in
the so-cafted Proctor and Gamble
case" He was sustained by the en-.
tire court. In substance he held that
The commerce court was not 10 sub.
stitute Its Judgment for the Inter.
state Commerce Commission In the
administration OF the rate laws. The
specific point ruled upon was that
parties who failed TO get relief be.
fore the Interstate Commerce Com.
mission have no right to 20 into the
commerce court and have that court
pass upon the facts to ascertain II
they should have been granted relief.
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In the course 0! his opinion, Chief
Justice White. however. went further.
He showed that the commerce court
was not given new and strange"
powers but succeeded tosthe powers
OF the circuit courts In existence when
the commerce court was created; and
that the commerce court was limited
in reviewing the commissions orders
to questions OF law. In cases yet to
be passed upon, It Is claimed that
the commerce court went out OF the
domain OF law and gave its Judgment
on pure questions OF fact.
Chief Justice White stated the cues.
ton for decision TO be whether the
authority of the commerce court was
confined to enforcing and restraining
as this uight be, affirmative orders OF
the commission, or whether II had the
power to exert its own judgment by
original Interpretation OF the admin.
lstrative features OF the act to regu.
late commerce and upon that assump.
ton, TO treat a refusal of the com.
mission to grant relief as an infirma.
tive order and accordingly pass upon
Its correctness. I
Both from the words OF the act ere.
ating the commerce court and from
the general scheme OF rate regulation
the Chief Justice said 1t was to be
seen whether the commerce court had
no such broad powers as 1t claimed
to possess.
Chief Justice White declared that
congress had created the Interstate
Commerce Commission as a Quasi
judiciary remedy to enforce the laws
IN order that there might be unity
OF regulation, and from 1897 to 1910
u has been even seriously asserted
that as to subjects which in their
nature were administrative, mower
lay in the courts to exercise original
Jurisdiction to enforce their concep.
tons as the meaning of the ac, by
dealing directly with the subject r..
respective of any prior affirmative
question by the commission,
Originally. he, said, the courts fell, II
. duty 10 pass on both questions of
law and of fact. but by 1910. II had
come TO pass that in considering or.
ders OF the commission the courts we're
limited TO determining whether the or.
deres OF the commission violated the
constitution, conformed to statutory 10
evidence, or whether power had heen.
SO arbitrarily exercised by the com.
mission as virtually to transcend the
authority conferred. although II might
not technically be doing SO. Ii was,
THIS Jurisdiction. he declared. the com.
merce court had inherited.
TO adopt the views OF the com.
merce court as TO It's Jurisdiction
Chlef Justice White said, would be TO
overthrow the system of rate reu,Ia.
lion adopted by congress,
Senator Poindexter yesterday intro.
apced resolution to discharge tho
commission on commerce court In or.
der TO bring the measure before the
Senate for vote.
No action on the resolution was
taken. wa
Inc supreme court yesterday upheld
an ordinance OF Louisville, Ky. fix.
ing the maxinm telephone charges in
tnat city and reversed the federal
circuit court for Western Kentucky
winch had held that the rates were
conhscatory.
The supreme court yesterday ra.
'ersed the commerce courts lewiston
whieh would have allowed railroads
70 carry fraifroad fuel coal TO lower
rates than commercial coal. The in.
upheld. vas
The commerce court had adjourned
the Interstate. Commerce Commission
from prohibiting the Baltimore and
OHIO, the PENNSYLVANIA and other
railroads from allowing reduced rates
Tor the transportation OF coal owned
ny other railroads.
Justice McKenna handed down a
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