The Washington herald., 1912-10-12
SUPREME COURT
C0NVENEs MONDAY
All Members Are in Capital Except
Justice Mahlon D.
Pitney.
RATE CASES ON CALENDAR

The United States Supreme Court will
resume its sittings Monday. The Chief
Justice and his associates. except Justice
Aahlon d. Pitney. are in Washington
Justice Pitney will be here to-day. The
Chief Justice and two OF his associates
Justices Lurton and Vandevanter, are al
work as committee revising the rules
Of equity practice.
The customary call on the President
by the entire court 20 pay respects will
have to be deferred. The President will
not be in Washington Monday. The court
shows no disposition - journey to Bev-
erly.
The term commencing Monday will run
until the end of May, except for brief
recesses. A new Solicitor General. Mar
shall Bullitt, OF Louisville, who was ap-
pointed In midsummer to fill a vacancy
caused by the resignation Of Fred w
Lehman. Of st. Louis. will be introduced
to the court by Attorney General Wick
ersham-
Important cases are under advisement,
having been argued at the last term.
The more important Of these in which
opinions are expected early in the term
are the State rate cases" or '2-cent fare
cases. as they have come to be known.
These are forty-1ve in number involving
the constitutionality Of many State stat
utes regulating railroads engaged in in
terstate commerce. Thirty-siX Of these
cases come from Missouri. Only eighteen
separate causes are really involved, there
being cross-appeals in each OF the cases
Practically every railroad running into
Missouri Is a party to the Missouri cases.
The other cases arose IN the foliowing
iIrisdicfipns Minnf a. .
Arkansas, =: Kentucky. /. and West Vir-
ginia, 1. Several interveners have filed
briefs. For example. one of the most
Illuminating arguments challenging the
Federal authority to interfere with State
regulation. within respective State bound
aries, of interstate carriers was submit
ted by Coo Judson Harmon of Ohio and
Gov. AldriSi of Nebraska. who were ap-
pointed a committee by the Governors
conference at Spring Lake. n. J.. several
months ago Gov. Harmon brought the
matter before the conference by resolu-
ton. His committee was given authority
by the Supreme Court to file a brief
The Attorney General OF Oklahoma has
also filed a brief. and various shippers
associations and commercial organiza-
tions have interviewed.
State vs.. Government.
The general issue in the case presented
in different phases involves the conflict
OF Federal with State authority in regu-
lating interstate carriers within the given
State boundaries. In the Minnesota rate
cases the railway commission Of the
State fixed a certain maximum rate with
in the State. The Federal Interstate
Commerce Commission had previously
entered an order declaring that rate
in excess of the Minnesota rate was lust
and Reasonable. The railroads resisted
the State rate. alleging that IL they
obeyed the State mandate they might
incur the wrath Of the Interstate Com
merce Commission. provided they main
tanned the previous higher rate on
freight carried across the Minnesota
State line into an adjoining State. for 1t
would amount to a discrimination in
favor of Minnesota local shippers and
against shippers just across the line in
the neighboring State.
The Federal court in Minnesota en-
Iointd the Minnesota authorities In
'ther States the issue is much the same.
Gov. Harmon holds that the question
should be settled as to just how far a
state may 60 in its regulation of an
Interstate carrier within its borders.
The so-called anthracite coal cases, or
Reading cases. have been before the Su-
'reme Court for about a year. An opin-
on early in the term is looked for
rhe Union Pacific and Southern Pacific
Merger. brought about by the late E. H.
which was attacked by the
as a merger of practically |
lines. Is to be tested in the |
ourts opinion on appeal which was ar |
,ued at the last term. the decision hav-
ng been reserved. No opinion in any of |
hese cases is expected before October q |
r. October s.
Cases assigned for the second day Of |
he new m-Tuesday-include an orig
nal suit between Wyoming and Colorado |
ver the diversion Of water from the /
River, The Bathtub Trust 4
ase. the appeals from the United States
Commerce Court in the New Orleans
alabama rate case. and the re-argument !
the inter-mountain rate cases involv-
ng the construction of the long and
Fort haul clause of the last railway
ct: various appeals involving the va
dity of the Hepburn law: the cotton
ool cases to be re-argued; construction
the pure food law; a case involving
he construction Of the New York en-