Proceedings of the Railroad Attorney's Conference At Hotel Wentworth, Portsmouth, N.H., August 2-6, 1910 : to Consider And Discuss the Questions Arising Under the Mann-Elkins Bill, Approved June 18, 1910

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Nor can I think of any theory upon which the court itself could, in a case of that sort, make an order, an original order, authorizing and approving the advance. So it seems to me in considering the ques- tioh of the constitutionality of this section, we should do so upon the assumption that there is absolutely no re- view open to us on any action which the Commission may take in the matter.
Mr. POWELL. Doubtless all of the members of the Conference are familiar with the language of Mr. Justice
... Shiras in the L. & N. case, but while we are considerin.'?
the constitutionality of this fourth section I believe it would perhaps not be out of order to read an extract from that language.
The CHAIRMAN. Mr. Powell, the L. & N. has had so many cases, perhaps you would better particu- larize.
Mr. POWELL. I refer to a case in which a fine was imposed upon the L. & N. for having determined for itself whether substantially dissimilar conditions existed —by the Supreme Court of Kentucky; this case was Digitized by Microsoft® 321 taken to the Supreme Court of the United States and an attack was made upon the constitutionality of the section of the Kentucky Constitution, upon the ground that the proviso, which is in identically the language of the pres- ent proviso, I understand, conferred upon an administra- tive body a legislative power.


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