White Pine news weekly mining review. [volume] (East Ely, Nev.) 1910-1920, 1914-06-28

-Luat OH idnuS were iulucidi tauus.
The recovery, however, of lands
exceeding In value sever times all
the gold coin IN the United States
and more than all the personal prop
erty and real estate taxed in Louisi-
ina. Rhode Island. Virginia. North
Carolina or Nebraska. was involved.
The supreme court at Washington,
on Monday. reversed the commerce
court and upheld the intermountain
rate order of the interstate CON-
merce commission.
Justice White first decided that
the long and short haul clause was
constitutional.
The commerce court had held that
the commission could not make
blanket or zone rates. That is the
contention of those who are opposed
to the 5 per cent increase in freight
rates now being asked by the east
ern railroads.
The chief Justice next upheld the
making of rates by the commission,
by zones.
THE zones selected by the commits
sion were in substance the same as
those previously fixed by the carri-
csc N J.. *b1 boyae of tho rate v IN orc
which was included in the tariffs
which were under investigation and
therefore We may put that subject
out of view" said he.
Indeed, except as to question of
power, there is no contention in the
argument as to the inequality of the
zones of the percentages or as to any
undue preference Dr. discrimination
resulting from the action taken"
of the findings of the commission as
to the system of rates prevailing in
the tariffs which were before ii of
the inequalities and burdens engen-
dered by such system. of the possible
ACKNOWLEDGEMENT unnaturally beyond
the limits produced by competition
in favor of the competitive points and
against other points by the tariff in
question, facts, which We accept and
see no ground for saying that the or
der was not sustained by the facts
which it vas based, or that it ex-
the powers which the statute
conferred or transcribed the limits
Of the sound legal discretion which
is lodged in the commission when
on the subject before it,"
On the constitutionality of the long
and short haul clause, Chief Justice
White said:
III is certain that the fundamental
charge, which 1t makes, is the omis-
sion of the substantially similar cir
cumstances and conditions clause,
leaving the long and short
haul clause in a sense unqualified,
except in SO far as the section gives
the right to the carrier to apply to
the commission for authority to
less for longer than for short
distances for the transportation of
persons or property" and gives the
Commission authority from time to
time to prescribe the extent to which
such designated common carrier may
be relieved from the operation of this
''Ffom the failure to insert any
word In the amendment tending to
exclude the operation OF competition
as adequate under proper circum-
stances to justify the awarding of
relief from the long and short haul
and there being nothing
which minimizes or. changes the APP
plication of the preference and
Determinations clauses of the second
and third sections, il follows that in
substance the amendment intrinsic
ally states no new rule or principle
but simply shifts the power con-
ferred by the section as 1t originally
stood-that is, ii takes from the
carriers the deposit of public power
previously lodged in them and vests
1t in the commission as a primary
instead of a reviewing function"
Thomas Lockhart Was Pioneer.
Following an Illness of but one
days duration, Thomas G. Lockhart,
a famous figure In the mining history
of the west and discoverer of the
Tonopah Extention mine in Tonopah,