The Sentinel=record., 1912-01-12
CnMMERrC cnIIpT UUHilHLAUL UUUnI
 AND COMMISSION
CONFLICT OF TWO COMMISSIONS IS INTERESTING WASHINGTON
 JUST AT THIS TIME.
First Test Case from New Commerce Court Reaches the Supreme
 Court Yesterday.

Washington. Jan. 11-The uaset lied conflict Of jurisdiction between the new commerce court and the ln- terstate Comeree Commission today osershadoweii other intricate proAlems of governmental rate making consid- cred by the federal supreme court
 The The tense sitnatiea existing in Washington was shown by the fact that ostensibly over question of class rates between Cincinnati and Chattanooga upon q single road, the Cincinnati, 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 Commerce Commission and the Department of Justice
 The case was the first from the commerce court. to reach the Supreme court
 The court itself was the first to suggest question about the jnris- diction of the commerce court. Fran cis B. James, representing Cincinnati 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 cinnati, New Orleans and Texas Pa cific to a sixty cent basis
 He told how the commission re- duced the schedule to 70 cent and then how the shippers appealed to the commerce court to annual the com missions order
 Justice Vanderenter inquired about the commerce court to review the re- fusal of the commission to grand re- lief to shipper. MT James replied that the act creating the commerce court opened that court to the shin per as we'll as to the railroad
 Assistant Attorney General Denison then addressed the court and the jur- isdiction of the commerce court came squarely in issue.
 Tn a marrow, literal view" said Mir. Denison. @these words any order of the statute creating the commerce court, of the commission which the commerce court has jurisdiction to annual or set aside, might be constru ed 10 apply even to negative orders such as those denying relief or dis missing complaints. but the contest and the context and the spirit and purpose of the act show that such could not have been the intention
 MT Dsnison pointed out that in the case before tn court, the com merce court had decided it had 5uris dietion over the orders of the com denying relief to shippers but held that the order affecting the rates between Cincinnati and Chat e~hetSd Nho hCl AV bt ulHluFDeu.
 "If the commerce court had con cluded," said MT Denison. eas urged l by the shippers that the 70 cent schedule was excessive and that a sixty cent schedule was proper. it | could have done nothing 10 accom- plish any result. It could caly an | nounce its opinion. If It had taken that view and entered an order an nulling and setting aside the order of the commission. the sole direct effect ! would have been the opposite to it's desire; because by wiping ont the order of reduction to 70 cents. it would have accomplished nothing but he reinstatement of the former per cent schedule, which the commits sion as well as the court would have agreed to be excessive. 1t would have been increasing the error it was crit fising It seems hardly reasonable Q suppose that congress if 1t had |