Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-03-08

and Los Angeles. Order restrained by
temporary injunction of the Commerce
Court Mack dissenting.
Next tWo-Cincinnat rate case snip
pers through Board of Trade, sought q
lower rate than that fixed by the com
MED by the commission. Appeal to
Commerce Court; Injunction denied by
the court. /. e. the railroads sustained
Five-Lemon rate case. Final decree
by Commerce Court reversing the COM
missions order that the rate on lemons
should be no more than 81. This order
was based upon the proposition that the
haul of oranges, and that the railroads
themselves made the orange rate 81 10,
Six-The Proctor u Gamble case: right
of the railroad to charge denlurrdSe Oh
private freight cars. Court upheld tn"
commission in deciding that the railroad
was right.
sion held that this aud the Chicago Ter
minal Railroad We're ole and the same
1 thing, and that the. stock yards could
not give a bonus OF $4,000 to meat
packing plant i'm Chicago because this
was in effect a rebate. Injunction y
Commerce Court.
White Star line cases, involving the
right to prescribe the accounting system
on boat lines on the Great Lakes which
did port-to-port business Injunction
by Commerce Court which leaves, the
commission with no basis on which To
fix rates or To stop Relating
1WtlAt-tffldGd vi tuEf @G0Hf it- -
the passenger fares. Commissions Juris-
diction sustained
Thirfeen-Omaha Commercial Club
case. involving the lumber rates. Posi-
ton of commission sustained
Fourteen-Federal Sugar Refining case
The trust refneries get four and one
| half cents for Tightening their sugar 10
| Jersey city Held by the commission
| that the same should apply 10 the York
| ers refinery. Injunction by Commerce
| Court fthis means about S5oo-en a year
"a the tTi@tSf-
Fifteen-"Restricted rate case. Held
by the commission that carriers had no
for use on railroad or street car lines
or by factories andl houses. injunction
by Commerce Court.
Sixteen and seventeenth rate case to
Durham, \. c.. and the rate on pre-
cooled shipments of citrus fruits from
California. Iniunctions refused.
Eighteen-NashVile grain cases. Held
by the commission that transit privileges
could not be granted TO Nashville brok-
ers in grain and refused to Atlanta
brokers, Decision reversed by Commerce
Court and Injunction granted.
Twenty-Meeher case coal rates 10
tide water Injunction refused.
Twenty-one-SaltL Lake city rates from
Missouri River. Temporary injunction
Twenty-two-Next three cases, known
as the Fourth Section cases. involving
intermountain cities, the right To charge
a higher rate to them from the Missouri
River than to the coast. Commission
enjoned.
Total q cases. In one important case,
the Salt Lake City case the position Of
the commission was sustained, and IN
five other trifiinG cases of little inter
est.
In the remaining Is, temporary injnnc-
tons or final DEGREES Were granted or
the railroads position upheld.
Mr. Snyder severely handles the en-
try of the Commerce Court into the
field of railroad rate regulation as for
purposes OF obstruction only. He
says:
THE Commerce Court was organ
lied purely 10 review the law findings
of this commission; ii had no right to
question any findings on the facts
This latter restriction of the powers
OF the Commerce Court has just been
rigidly upheld by the Supreme Court,
aad vet in the face of the plain word
ing of the law, the plain intent of The
act, this body OF usurping judges up
| set the rulings of the commission in
practically every important case out
of the first twenty-four which came
before it, and this not on questions OF
| law but purely on findings Of fact.
When the Commerce Court was or
ganized it was urged that its purpose
| was wholly discretionary and de-
| signed simply to nullify the work of
| the Interstate Commerce Commission.
| This foreboding seemed confirmed
when the personnel of the court was
| announced with men like former
| Commissioner Knapp and Judge Arch
| bald as its guiding spirits 1t has
| been wholly confirmed by the action
| OF the court in interfering with the
| commission in every way, even in
| plain defiance of the law as laid down
| by the Supreme Court of the United
States. The record of this court Of
nullifiers in the first year of its eN-
! istence should, to the writer's view.
| surely mean its prompt abolition
| It would seem, from such record
of judgments as quoted above that
| there is lack of knowledge of law
ins one department and that the ship
pers are suffering in consequence. II
| the course Of the Commerce Court
can be logically defended ii would LOOK
like an opportune time to do it fol
the public sake. II il cannot be de.
Tended II is certainly high time foi
the shippers to demand the abolition
OF worse than useless body.
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