Salt Lake Telegram | 1912-02-28 | Page 1 | Court Again Overrules Commission

COURT AGAIN j OVERRULES COMMIsSION Action Will Add Fuel t to Controversy Raging Between Between Between Be Be- tween Two Bodies WASHINGTON W Feb I b. b n Ait 28 An order orde of the interstate commer commerce e commission ion reducing J certain class clais da 8 rat rates rate from ew Orleans to Mont Montgomery S Sel Selma ma and nd Mobile J Ala and to Pensa Pensacola cola Fla la too today was annulled by do of the commerce court The decision is certain n to add con con- fuel to the tho controversy already al ale aler r ready acute uto between tho the interstate t commerce commission and the commerce court The c court urt declares that con congress rese s never or intended to clothe the commission commis commis- Rion sion ion with tile the e wide ri i authority it has has' as as- It also abe has bas asserted that the court could discover nothing in the record in support of ot tho conclusions of ot the commission or 01 to justify th the thE redu- redu in rates that ft It t ordered The Thc courts court's opinion c concludes Counsel for tho the commission arid and the government v simply rely on tho a an- an anthonty of tho the commission to what is is a r re rate and tho eon eon- n ss n of it its where it has bas done dono BO so a against which it W was S ar ar- il the court can afford no relief unless 1 the rato which h has be been n fixed is is shown own to be This contention must be rejected dIn d. d In rn our judgment it was was nover never intended to confer on the thc commission any such unrestraint and undirected ted power power It Iti Itis Itis' Itis i is is' not noti within tho the authority of tho the commission to reduce the rate rates rates' in this thin or any other r c ease cao not merely against tho weight of the to sustain theta h lD hut but without anything substantial ItO warrant the con conclusion llon reached d or the reasons assigned th there re ref ref for f r r. r Anil An this we arc are convinced is a case of that character r This was the tho first ease ar argued ned before be be- before fore foro tho the commerce court after its establishment es ce more th than n a year a ago