Las Vegas optic. (East Las Vegas, N.M.) 1908-1921, 1913-01-20
UPHOLDS COMMERCE BOARD
AT THE SAME TIME 1T AN
NoUNcEs THAT COMMERCE
COURT HAS RIGHT TO ACT.
SETTLES ANCIENT DISPUTE
AT THE SAME TIME 1T REcoc-
NlzEs COMMERCE COURTS
RIGHT TO ACT.

Washington, Jan. 0.-Reversing
the commerce court, the supreme
court today permitted the order Of
the interstate commerce commission
for reduced class rates from New Or
leans to Mobile and Alabama interior
points to stand
The theory advocated by the gov
ernment that the interstate com
merce commission has absolute iuris-
diction over evidence over rate cases
to the exclusion Of the courts, particu-
larly the commerce court, was struck
down by the supreme court in decid-
ing that the commerce court had a
right to examine a claim that there
wass no relevant evidence presented
to the commission upon which itcould
have based its order in this casse.
Jutice Lamar, in announcing the
opinion today, said an examination Of
the statutes showed that in a case
before an unfair hearing having been
granted by the commission or before
no substantial evidence had BEEN put
into the record, the courts could re-
view the commissions order and evil
dence.
Having held that the commerce court
could review the order in this case
to see if any substantial evidence had
been produced the supreme court de-
cided, however, the commerce court
had erred in finding the court deci-
sion upheld.
The case involved contest be-
tween the interstate commerce com
mission and the commerce court. It
also attracted attention, because a
letter concerning the case, bearing
the name Of former Judge Archibald,
then Of the commerce court, and writ
ten to railroad attorney at the time
the judge was preparing the courts
opinion, was made the basis for one
Of the charges in the impeachment |
proceedings against him.
Creamery Company Not Guilty.
Holding that the charge Of combi-
nation in gioiation Of tne Sherman
antitrust law had not been sustained,
the supreme court today decided that
the Creamery ac3age Manufacturing
company, and the owatona Manufac-
turing ccmpAay cf Minnesc a, arc not
liable to three-fold damages on the /
charge of driving competitor out Of
business.
The Owatona Tanning Mill COM
pany, in which D. q. Virtue was
largely interested, claimed that the
Creamery Package Manufacturing
company and the Owatonna Manufac-
turing company sought to monopolize
the churn and butter work trade, and
when Virtues company declined to
sell out to them they brought suits
for alleged infringements II patcnts
for the distinct purpose Of monopo
lizing the trade,
The circuit court Of appeals for the I
eighth circuit held AGAINST the vir-
tue company
Several hundred thousand dollars
worth Of promotion stock" in the
Las Ovas company, a Cuban lasa cor
poration. was ordered cancelled today
by the supreme court. 1t was claimed
that Norman H. Davis and Charles
T. Phillips, IN 1904, interested Gerer-
al c. Reid, Of the marine corps, in
the formation Of the company to buy
at large figure Cuban land which
they had bought for $4,000. They
issued the stock to themselves for
the difference Ia the two sums and
this was ordered cancelled.
No Decision In minnesota Case,
The supreme court concluded iss
opinions today without Announcing