Show HEP HEPBURN BILL GE CERTIFIED TO THE UNITED STATES SUPREME COURT Federal Circuit Court of Appeals at San Francisco Unable to Agree Upon Application for an Injunction San Francisco Oct 3 For the first time since the passage of oC the Hepburn rate bill the supreme court of oC the United S eg be opportunity to rule ru upon all the practical questions Involved in the act passed by bythe bythe bythe the congress Unable to reach a unanimous decision upon an application for an injunction brought by two of the Harriman railroads em embodying embodying embodying bodying all aU vital rights and powers of the interstate commerce commission including the matter of ot court review three judges of the federal circuit court of oC appeals today directed that the case be certified to the supreme court Promptly Pr Relying upon the statute which expedites expedites expedites proceedings of this character the attorneys in the case expect that a final decision will be rendered prompt promptly ly I In n the meantime a rate fixed by bv bythe bythe the Interstate commerce commission will apply on shipments of oC rough lum lumber her ber and the protest of oC northwest lum lumbermen lumbermen lumbermen bermen to the commission against an increased rate will be effective until the supreme court rules otherwise The application of the Southern Pa Pacific Pacific and the Oregon California rail railways railways railways ways for an injunction to restrain the interstate commerce commission from putting into effect a lower rate on lumber has had two hearings before Judges Gilbert Morris and Ross of oC the circuit court of appeals In the first instance a demurrer r presented by the government to the application for an Injunction was upheld the judgeS fudges unanimously declining to review the finding upon which the commission c based its refusal reCusal to permit the rate to tobe tobe tobe be increased Claims of Commission Luther M r I Walters solicitor for fol the commission who directed the case c se for forthe forthe forthe the government announced when this decision was rendered render d that the sus sustained sustained tamed demurrer d embodied not only the constitutionality of oC the act creating the commission but also the right of oC the commission to fix and alter railroad rates and to review any new facts or allegations presented in support of oC rate changes before such facts or allega allegations allegations are arc carried before a court The demurrer also asserted asser the right of oC the I commission to fix rates without await awalt awaiting awaiting ing in a court reviewer Its discretion or judgment Late today the opposing attorneys met in the circuit court to agree upon the form of the questions to be sub submitted submitted to the higher tribuna There Thereas was as a general belief bellef that the case would be set for an early hearing and it was considered not improbable in Invie view vie of the consequences of the decision that the court would hand down its opinion within thirty days das |