The Birmingham age-herald., 1921-03-12
WISCONSIN CASE
 ARGUED BEFORE
 SUPREME COURT
Attorneys for 43 States Hold l. C. C,yWithout Power to CoLroI State Rail-
 ~ yay Rates
le, lAssociated Press

Washing March i,-Authority of the intersaSe commerce commission under the. Transportation act to super wise railroad rates within the states was in turn denied and upheld in opening argument today before the supreme court on the test case brought by the state of Wisconsin
 Attorneys for Wisconsin and the t2 states joining in the proceedings de- cared the construction placed on the transportati ton act by the commission in expressing control over state rates to De destructive of our dual form of govern- ard contrary to the spirit of our consti- tutiou' and to amount to unified con trol over commerce.
 Counsel for the railroads in upholding the authority of the commission declared that the states which have refused to approve rate increases within their borders to the level of interstate rates as ordered by the commission mot only are injuring interstate commerce bur are claiming unfair advantage of their sister states who have acted lip- erally in the public interest.
 SEEK TO END INJUNCTION
 The forty-three states joining in the proceedings are attempting to obtain an order vacating the injunction granted by federal courts to the Chicago Burlns- ton and Quincy railroad preventing any interference with that road in it's esta- blishment of increased freight and pas, senger rates within the state of Wiscon- sin as authorized by the interstate com- nterce commission. Permission was given the various states to file briefs and to be represented orally through one attorney acting for all. They selec- ted John E. Benton, general solicitor of the National Association or Railway and Utilities commissioners, as their repre- sentative.
 The importance attached to the case was illustrated immediately when the court allowed a total of nine hours for argument. M. B. Olbrich special coun- sei for Wisconsin, who opened for the appellants, barely concluded his presen- tation of the case today and it was esti. mated that the remaining time will throw the closing argument late in the session of next Tuesday.
 CLAIMS DISCRIMINATION
 The oroer of the interstate commerce commission effecting state rates, Mir. OIbrch argued was based solely on the ground that state rates below interstate tariffs amounted to discrimination against interstate commerce an the order, he added, could not be sustained on this basis, since supervision of strict ly internal commerce was expressly re-
  ton. The action of the interstate com merce commission was denounced by MT. Olbrich as "in excess of Jurisdiction and an abuse of power.'
 Section -5-A of the transportation act under which the commission presumed to act he said, did not prpvide for ''unl- fled control of the commerce, but mere ly prescribed rule of rate making and valuation to be followed in the exercise of pre-existing Jurisdiction over trans. portaton in interstate commerce.
 ADJOURN TILL MONDAY
 /, uce. Scott, general solicitor of the Burlington. opened for the carriers, but had scarcely begun when the court ad journed until Monday.
 Unless the interstate commerce com mission can right these wrongs Mir. Scott said. "the purpose of Congress to assure adequate transportation will be thwarted"
 MT. Benton is to follow leading counsel for the carriers Monday. Alfred P. Thom, of the association of railway ex ecutives and F. J. Farrell, counsel for the interstate commerce commission. also were allotted from one to one and half hours, to present special argu- ment. MT. Olbrich was assigned the clos ing period.
 Chief Justice White assured counsel that the court appreciated the impor- tance of the issue and would give every moment it could spare to hearing the case.