Show SUPREME COURT DECISION TIGHTENS fEDERAL CONTROL Fight Over ver Lumber Rates Results in Extension of Commissions Commission's Power WASHINGTON Jan 10 Th rhe Th grip of ot othe the he Interstate comm commerce commission over tho the commerce of or the country countr was tightened tightened tight tight- ened yesterday 1 b by a 8 series of or decIsions decision b by the supt-olne supt court The Tue principle was laid down thAt sl shippers shippers ship ship- p pers suffering from civil Injuries from railroads must go 50 to the commission before be be- fore tore rushing to the courts tot for r relief The Tho paramount authority of or the tho com corn mission In reasonable rate making was WB upheld by the th courts court's decision that the l federal district court of ot Minnesota was wrong in iii preventing th the tho enforcement of the commissions commission's reduced rat rates tI on himber lumber lumber lum him ber from the thc Pacific coast Oregon and Montana points to lo St. St Paul Omaha and i Chicago The le legislative sll field touching th the ac acceptance ac- ac of goods b by railroads for interstate Inter- Inter tate state shipment was WitS marked forever as 88 federal territory and states were warned to keep off orr Lumber Lumbar Rates Bates Involved Th The supremacy over state stale I of or sim sim- tier liar import of ot tho the federal hours ho of or service rIce r ice law cite thA enforcement ment or which la Is confided to to o the commission we-a we upheld The fight o over or r the lumber lumbAr rates had been ben the most exhaustive C Tho The co commissions commission's commis sion's slon's ra rates t eradicated substantially all all all' th the increase in rate rates from the north northwest ef propos proposed d b by the railroads In 1908 After I a. a lon long consideration of the attack Upon I the commissions commission's order Justice J La mar La-mar mar concluded that the tha court could not sa say Bay the order was Wa m made dc h because of or the effect of or the tho advance fl on the lumber Industry as f suggested b by th the railroads nor no that th there rc was no evidence ld to su support port the commissions commission's rates The court laid down n th the tho principle that railroad dividend were not to b b a sole ole b basis for jud Judging ln th the thA s s' s soC of oC rat rates but that thai conditions as a a. whole were to be taken Into I lIon tion The fact that the commission allowed a higher rate to Omaha than to St. St Paul W was said Ud Id to be bA Justified b by previous previous previous pre pre- rate rat distinctions between n the cities by br the tho railroads themselves Thc The validity of or the Hepburn rate law was not In In- In Federal Law Superior Much attention was wan 31 attracted to Jus Jus- tice McKennas McKenna's opinion annulling the i North orth Carolina law which required railroads rail rall- roads roada to receive goods good for Interstate I transportation whether the thEw had pub pub- rates for the proposed shipment or not Justice McKenna referred to the Inter Interstate commerce laws which forbade railroads to engage go In transportation of oC goods until the they had a fixed pub flub rate If the carrier obeys ohey the state law taw he lie incurs the penalty of ot the federal law law th the said ald I If It ho obeys the tr foci frd- law he Incurs tactics th the penalty of or the state law lass Manifestly on one authority must bo be paramount and end when It speaks the other must mUl be silent client |