Show i ROWERS OP COMMERCE commission pl railroad president says rate regula 1 alon by that body has never nj n J been Penni ted by courts ku louisville ky feb 5 in a com to the courier journal allton II 11 smith president 0 the louisville nashville railroad char as erroneous speaker cannons reported statement that ft hen the interstate commerce commission atai created everybody supposed it had the power to make rates and g pays the error is due to of the commission itself president smith quotes extensively from the congressional debates and hows that senators and representatives including the champions of the measure in both houses repeatedly explained that it did not attempt to confer any rate mailing power and he 8 also quoted from early decisions of the commission to show that it did not A at first assume to have that power ata instead of the alleged universal 1 acquiescence in the existence jot the r rate making power in the commission president smith declares that in 1889 f the courts intimated that the commis f ioa had no such power that in 1890 one if the commissions most imbor V tant rate making efforts was carded and to attempt was made to len force it that in 1891 the power waa denied in court that in 1892 the com gif mission itself reported that the railroads continued to deny the existence B of the power that in 1898 the louis ville nashville denied the power in the rate making order issued af pf against it which if enacted would reduce all rates irom ohio if river points to the southeast and that f this denial wai upheld in all the r court fi including the supreme court b jn is pre smith declares that it Is J established that congress ts never intended to confer on the com mission the rate making that the at did not in fact confer the lowi r and that the courts have uniformly feo and hence that speaker cannons alleged statement ia arrone ou Js information WANTED dudnes ayres feo 5 10 p m i owing to thea partial interruption of 1 telegraphic and railway service pre I 1 cise information concerning the ansur j movement in the provinces h unobtainable but the government is probably in possession of messages that the movement is limited lo 10 uio province of rosarlo santa fe mendoza cordoba and southern buenga arreg and sections bouth boa the platte river and bahaa blanca TV here it Is reported col mo commanding the govern anent forces haa inflicted a bovero de teat n the rebels acrea of bernalillo Berna lollo ex delegate to con gresa he testified as to alio irrigation customs years ago and bis testimony was given for the purpose of showing that the underflow of the arkansas river has been decreased by the appropriation of water in colorado it was also shown how destructive to the interests of new mexico would be a decision upholding the contention of kansas riparian olgs claimed by kansas preclude irrigation commissioner richardson said that all the testimony would be in by may or june |