Latest Important Cases
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Interstate Commerce. Powers of Interstate wisely exerted in specific instances, would be Commerce Commission Under Hepburn Act— putting into the hands of the Commission the general power of life and death over every Right to Fix Zones of Trade Denied. U. S. The Interstate Commerce Commission was trade and manufacturing centre in the United permanently enjoined from enforcing a lower States. . . . "It must be understood, however, that these through rate from the Atlantic seaboard to the orders of the Commission are enjoined solely Missouri River, in a decision handed down by the United States Circuit Court of the seventh because, in our judgment, they lay upon the circuit in Chicago August 24, in the so-called commerce and manufacturing of the localities Missouri River rate cases. The Commission affected an artificial hand that Congress had sought to establish a "long-haul" rate never intended should be put forth, and from the seaboard to the Missouri, somewhat therefore are outside the power conferred less than the combined rates from the coast upon the Commission by Congress; for with to the Mississippi and the Mississippi to the the question of a reduction in rate, or a read Missouri. Manufacturers and jobbers in the justment of rates from which such artificial Missouri River region had represented that the results have been eliminated, we are not now seaboard rate of SI. 15 to Minneapolis and St. dealing." Paul was a discrimination against them. An objection raised in the decision to the Accordingly the Commission reduced the total order of the Commission was that it did not— rate from the Atlantic to the Missouri from and for physical reasons could not—regulate that of S1.47 to that of $1.38 per hundred an intermediate rate to harmonize with the rather sweeping changes introduced by the pounds. Judge Grosscup and Judge Kohlsaat, of Commission's order. The position of the Com the United States Court, concurred in the mission on this subject is that to have fixed view that the Commission had exceeded the the rate from New York to the Missouri, for instance, under the unfair discrimination powers with which Congress intended to en dow it. In his opinion Judge Grosscup clause, it would then be in order to see that rates from Pittsburg and other intermediate said:— "The question raised in its larger aspects cities were made to conform to the standard is not so much a question between the shippers set in the first instance. In dissenting Judge Baker declared that the and the railroads as between the commercial and manufacturing interests of Denver and Commission, in ordering the through rates, of the territory east of the Mississippi River had done nothing more than the railroads have always done. As the railroads were ex on the one side and the commercial and manu facturing interests of the Missouri River cities tended west, he said, new through rates were constantly made, and these rates were less on the other. . . . than the joint rates. He declared that had "We are not prepared to say the Com mission has not the power to enter upon a the Commission not acted the railroads would plan looking toward a system of rates wherein in time, with the growing wealth of the transthe rates for longer and shorter hauls will Missouri country, have followed their own precedents and made a through rate from the taper downward according to distance, pro viding such tapering is both comprehensively seaboard to the Missouri. Surely if the rail and symmetrically applied—applied with a roads have this power, Judge Baker argued, design of carrying out what may be the the Commission likewise has it. If this power economic fact that, on the whole, it is worth is too dangerous to be in the hands of commis something less a mile to carry freight long sioners bound by the sanctity of their oaths, did Congress desire to leave it in the hands distances than shorter distances. "But it does not follow that power of that of unbridled corporations? The case will be carried to the United States character includes power, by the use of differ entials, to artificially divide the country into Supreme Court as soon as possible. Commis trade zones tributary to given trade and manu sion officials do not believe the Supreme Court facturing centres, the Commission in such will uphold Judge Grosscup. The feeling is cases having, as a result, to predetermine strong that a powerful movement is afoot to what the trade and manufacturing centres break down the authority of the Commission. shall be; for such power, vaster than any one This is seen in the large number of suits being body of men has heretofore exercised, though brought by the railroads.
