Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1913-01-20
HIGHEST COURT
HANDS DOWN
II OPINIONS
THEORY THAT INTERSTATE COMMERCE
COMMISSION HAS ABSOLUTE JURIS.
DICTION IN RATE CASES IS
STRUCK DOWN.
The supreme court concluded its
opinions without announcing those on
the Minnesota rate case or other state
! rate cases.

Washington, d. c., Jan. 2O.-Re-
yersiug the commerce court, the SUI
preme court today permitted the or
der of the interstate commerce COM
mission for reduced class rates from
/ New Orleans to Mobile and Alabama
interior points to stand. The theory
advocated by the government that the
! interstate commerce commission has
absolute jurisdiction over evidence III
/ rate cases to the exclusion oil the
courts, particularly the commerce
court, was struck down by the SUI
Dreme court in deciding that the com
merce court had right to examine 4
claim that there. was no relevant evi'
dence presented to the commission on
which it could have based its order in
! this case.
Justice Lamar, in announcing the
opinion today, said an examination OF
the statutes showed that case where
an unfair hearing had been granted
by the commission or where no sub
stantial evidence had been put into
the record the courts could review
the commissions order and evidence.
Having held that the commerce
court could review the order in this
case to see if any substantial evi
dence had been produced, the su
preme court decided, however, the
commerce court had erred in finding
the court decision upheld.
The case involved a contest be
tween the interstate commerce com
mission and the commerce court. j
also attracted attention, because
letter concerning the case, bearing thu
name of former Judge Archibald, the1
of the commerce court, and written tt
La railroad attorney at the time thu
Judge was preparing the courts opin
ion was made the basis for one OF thu
charges in the impeachment proceed
inss against him.
DECLARED INVALID.
Washington D. c., Jan. 2o.-The su
preme court today annuled as invali'
the reciprocal demurrage rules o
the Mississippi railroad commission
i which imposed charges upon rallroad'
for delay in delivery upon interstate
or intrastrate shipments. The decls
ion was based on the fact that thu
rules did not provide for exemptions
in case of unavoidable delay.
CREAMERY CO. WINS.
Washington, d. c., Jan. 20.-Hold
ing the charge of combination in VIC
lation of the Sherman antitrust Law
had not been sustained, the suprem
court today decided that the Cream
cry Package Manufacturing company
and the Owatonna Manufacturing
, company, of Minnesota, are not liabl
to three-fold damages on the charg
OF driving competitor out of busi
ness.
The Owantonna Tanning Mill CON
pany, in which D. e. Virtue was large
ly interested, claimed that the Cream
cry Package Manufacturing compan
and the Owatonna Manufacturing CON
, pany, sought to monopolize the chur
and butter trade, and when Virtue
company declined to sell out to ther
they brought suits for alleged il
fringements of patents for the dis
tinct purpose of monopolizing tn
{ trade.
, The circuit court of appeals, for tn
eighth circuit held against the Vii
tue company.
COUNCILS STOCK.
: Washington, D. c., Jan. 20.-Severf
hundred thousand dollars worth {
promotion stock" in the Las Ova
7 company, a Cuban land corporation
was ordered Cancelled today by the 81
, preme court. 1t was claimed that No
, man H. Davis and Charles T. Phillips
in 1904, interested General G. Reid, Z.
the marine corps, in the formation {
the company to buy, at large figures
) Cuban lands which they had bough
for $4,000. They issued the stock t
, themselves for the different lands j
: two sums, and it was ordered cal
. celed.