Jasper County Democrat, Volume 9, Number 13, Rensselaer, Jasper County, 30 June 1906 — RAILWAY CAN APPEAL [ARTICLE]

RAILWAY CAN APPEAL

Order of the State Railway Commission Is Mot Immune of Review. 80 SAYS THE APPELLATE COURT Representative Cromer After the Scalps of Two Pension Examiners—ltems. Indianapolis, .Tune 28.—The appellate yourt upholds the right of appeal from the railroad commission, and refuses to dismiss an appeal taken by the Monon railroad from an order of the commission. The unusual condition was presented of both parties to the appeal insisting that there was no right of appeal because of the invalidity of a law. The railroad commission, which owes its own creation and existence to the act in question, insisted that the act was all valid except two sections conferring the right of appeal from orders made by the commission. Railways Say It Is All Bad. While the railroads admitted those two sections ,are invalid, they asserted that the whole act is unconstitutional. TJndeT these circumstances thecourt called on the attorney geueral to defend the law, and Its decision supports his contention as against both the parties. The court held that the exclusive jurisdiction conferred on the appellate court in railroad commission cases gives it power to decide whether or not the law under which it is called on to act, is constitutional, but contented Itself with the ruling that the appeal would lie without deciding the constitutioality of the law as a whole. Court Explains the Law. The Monon apj>eai questioned the right of the commission to make an order fixing rates. The opinion of the court, written by Judge Itobinson. says that the law’ in question leaves the railroads with authority to fix rates, subject to interference by the commission If an unreasonable rate is estai> llshed, and complaint is made under oath by an injure!! party. Finish of the inquiry. T'pon the presentation of such a complaint. the inquiry by the commission is limited to the single question whether or not an existing rate established by the railroad is reasonable, and the commission follows methods substantially like those which a court might bnvc followed to determine the same question before the commission w’as Created. Reasoning of the Court. The setting aside of the established rate and fixing a different rate in case the existing rate is found to lie unreasonable is declared to be the exercise of a power which is neither legislative nor executive, but is quasi-ju-dicial. Rut as the action of the commission in fixing rates is made final, except so far as it may lie reviewed by the appellate court, an appeal to that court is declared to tie a necessary incident in order that the commission assert may not establish unfair and unreasonable rates. CROMER WANTS THEIR SCARPS Representative in Congress Demands the Resignations of Two Pension Examiners. Muncie, Ind.. .Tune 28. Much surprise was created in political circles when it was announced that Representative Cromer had demanded, in peremptory letters, without assigning a cause, the resignations, of Dr. Frank (1. Jackson, of Muncie. and I)r. C. \V. Smith, of Scinpt, ns memiiers of the Delaware county hoard of pension examiners. Friends of Cromer say that the demand for the physicians’ resignations is due to Cromer's belief that Drs. Jackson and Smith were not friendly to him in his contest against Horace Stllwell for the Republican nomination for congressman a few’ weeks ago. Both physicians owe their appointments to representatives previous to Cromer in this district, and it is probable that neither will pay any attention to Cromer's request, denying his jurisdiction and authority. ' Mayor Bidainan Found Guilty. Terre Haute, Ind.. Jnne 28. The city council In the impeachment charges brought against Mayor Edward J. Rldaraan found the mayor guilty as charged, and declared Idm ousted from office. Mayor Bidainan immediately took possession of his chair, and attempted to call the council to order. lie declared he would not recognize the ouster order, and would continue to discharge the dutfes of th.) office. Buried in the Same Grave. Boonvllle. Ind.. June 28.—The bod’ei of William llardiu. murderer and su‘cide. and that of his wife, whom he shot, were burled in the same grave at Tennyson, ltev. O. O. Clements conducting services. The testimony taken by the coroner shows that Hfrrdln contemplated both the death of his wife and himself, and that he was insane through jealousy.

Doctor Mysteriously Amanlted. Worthington, Inrt., June 28. Dr. 8. Gray was assaulted and badly lwnten by some person unknown to the authorities. It Is feared will prove fatal. An air of mystery surrounds the affair, but It Is believed to be the culmination of an old grudge.