Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1912-06-11
SUPREME COURTS DECISIONS
SWEEPING cuRTAiLMEhr OF
!. POWERS.
COMMERCE COMMISSIONS
LIFE WAS At STAKE
Jurisdiction Of Commerce Court Here.
after Limited to Review Of Law
Points and confiseation ordors-
Limitation May Prevent Elimination
Of Court BY Congress.
Especial Correspondence

Washington, June 1.-THE inter-
state commerce commission has just
won series of important victories in
the supreme court. To large extent.
the effect Of four decisions handed
down by the supreme court is to over
commerce that it has full authority to
inquire into all the findings of the in
terstate commerce commission. even
findings Of fact. The net result of the
recent decisions Is largely to increase
the authority of the commission inso-
far as the efforts of the commerce
court to weaken the commission have
affected that authority.
The probabilities are that less will
be heard from now on Of attempts by
the commerce court judges to ride
|roughshod over the commission and
assume an authority which congress
did not intend the court should have.
The decisions will probably lessen in
part the demand for abolition Of the
court OF commerce, since, with its au-
thority delimited, there will be less
objection to it.
Commission Greatly Pleased.
Interstate commerce commission
lawyers were much pleased at the de-
cisions of the supreme court. The de-
cisions were In the case Of the United
States vs.. the B. & o. railroad ct al.
known as the restricted rate case, in
which the government was appealing
from preliminary injunction restrain
ing the United States from enforcing
IN order Of the interstate commerce
commission concerning freight tariffs
on coal used for steaming purposes; in
the case Of Proctor &, Gamble Com
pany We. the United States, the inter-
state commerce commission, ct al. in
which suit was instituted by the COM
pany to set aside an order of the in
terstate commerce commission and en-
tJoin the carriers from collecting in the
future certain demurrage charges on
cars owned by the Proctor & Gamble
Company and to compel repayment Of
past demurrage charged; In the Eagle
lead case and what are known as the
Cincinnati cases. In each Of these
eases the supreme court reversed the
commerce court.
In thes restricted rate case, decided
by Justice McKenna. the commerce
court HdO uHOeTtdkeH 10 eNJOlH tHc VI .
der Of the commission on questions Of
fact. The supreme court held the or
der Of the commission justified.
Jurisdiction Limited.
It was in the Proctor & Gamble case
that the court discussed most frankly
the question of Jurisdiction. This was
a case in which the commission made
a negative decision. that is refused to
give the order the Proctor &. Gamble
Company wanted. The commerce court
undertook to review 1t. The effect Of
the position taken by Chief Justice
White Is that the commerce court can
not review a negative decision Of the
commission.
Life Of Commission At Stake.
Chief Justice White In deciding the
| Proctor & Gamble case declared that
to allow the commerce court the juris-
diction it claimed would be ito wipe
out the commission"
| He made 1t clear that the supreme
court would construe the question Of
commerce court Jurisdiction in the
light OF the intent Of congress in
creating the interstate commerce COM
mission.
/ Interstate commerce lawyers said
later that as they interpreted the posi-
ton of, the supreme court. the COM
merce court would be allowed in the
future to review only positive orders
4 Of the commission. and this on the
\ question Of confiscation and law points