The sun., 1916-12-05
PACIFIC COAST RATE
ORDER Is UPHELD
Justice Brandeis Announces
Supreme Courts Decision
Against Inland Cities.
INJUNCTION Is DISSOLVED
1872 Towns Lose the Fight In
volving Long and short.
Haul Problem.

WASHINGTON. Dec. finland cities Of
the Pacific slope lost their fight in the
SUPREME Court to-day against an order
oR the Interstate Commerce Commission
rsnting lower transcontinsntal railroad
frSlsht rates to San Frincisco. Oakland.
Portland. Seattle and other coast cities.
Associate Justice Brandeis announced
the unanimous decision Of the court
dlssolving an injunction against en-
forcement Of the order secured In the
California Federal Court by the inland
cities, which contended they were en-
utIed to classification A. coast termi-
nails. and that water transportation
through the Panama Canal, the basis Of
the lower rates to the coast. had ceased.
The cities and towns affected number
49,. including Sacramento. Stockton.
San Jose and Santa Clara.
The decision sustained the contentious
q the Government. the commission and
the railroads in ~ appeal from the
action Of the lower court.
Justice Dranaeis's Comment.
Resort to the courts to nullify the
esmmlsslonis order was commented on
justice Drandsis's opinion ~ follows
= TO permit communities or shippers to
sssk redress for such grievances Gre.
cited In the case under consideration)
In the courts would invade and often
nulilfy the administrative authority
yested In the commission"
Upon the claim that Panama Capel
steamship competition had been stsf-
mated Justice Brandcis said 1T was
the Increased effectiveness Of water com
petition due to the opening OF the Pan
ANA Canal notable change In condi-
tionD-which compelled the rate read
3stmsnt Of which they (the inland
dtes) complain"
TO the assertion that the commission
exceeded it, authority in granting the
lower rates to the coast cities. In alleged
absence Of application by the railroads
lsr such action. this comment was made
"such . construction would make sec
ION I unWorkable and defeat the pur'
pose OF the amendment (authorising the
commission to authorize lower rates fol
long hauls than for short hauls). II II
. pVS SsSeS
vested In the commission"
other D~ecislsas Handed Down.
Iowa and Pennsylvania laws prescrib'
ing butter fat standards for Ice cream
we're upheld ~ constitutional In ties
cases attacking their validity ~ arbi
tPary exercise Of State 'police powers
although designed to prevent adultera'
tian NJ eoop nr0d,s%Na
Oh 'Aiabama's Law Of 1911 providing fran
ehlse taxation OF domestic corporations
capital stock was upheld.
Dismissal Of Federal indictments o
1914 against Hermann II. O~ppenheimer
Q New York attorney. for alleged con
spiracy TO conceal the assets Of the bank
rupt arm OF Joseph Samuels 4 Co. wa
affirmed.
In the appeal Of william Briggs o
Topeka. convicted OF violating . KAnsal
law which Furnishes persistent vtolators
Of prohibition statutes by making fel
onies Of second offences, the court lef
the law undisturbed by dismissinl
Brisgs's appeal for lack Of jurisdiction
but without deciding the statutes consti
tutionality.
BY . vote Of 9 to 3 the court held tina
James Sim and Thomas p. Alder OF Nev
York are entitled TO nearl,
$4,000 from William Edenborn. Nev
Orleans and New York capitalist. sub
soribed I him ~ syndicate manager 70
stock Of the Shefhsld Coal Irol
Company In 1902. The company becam
insolvent.
Associate Justice Clarke gave his hrs
opinion. holding that under h sixteeI
hour law for railroad men neglect to re
port instances Of excessive service. II no
In bad faith. does not make the roa
liable 10 the penalty Of 500 q day. TIL
court ahhrmed dismissal OF q Governmen
suit against the Northern Pacific Rail
Way to collect penalties.