Charges of Hon. Oscar E. Keller Against the Attorney General of the United States Volume 1
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from ... Show synopsis This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 Excerpt: ...lawyer and wants to get some information. Mr. Hickey. Mr. Stevenson, have you any other cases besides this Porto Rico case? Mr. Stevenson. Yes; the State v. the Pacific Express, which is in the Supreme Court of Nebraska. Mr. Hickey. Has it been decided? Mr. Stevenson. I beg your pardon? Mr. Hickey. Has it been decided? Mr. Stevenson. Yes, sir; 115 Northwester, 619. Mr. Hersey. That is in a State court, not a Federal court? Mr. Stevenson. Federal court of Nebraska. The Chairman. You mean State court? Mr. Stevenson. State court; yes, sir. It is a State case. There ire any number of cases, under rate cases, i Mr. Hersey. Your Porto Rico case is a rate case? Mr. Stevenson. Yes, sir. Mr. Hersey. How do you claim that a rate case could apply to this case? Mr. Stevenson. It is merely the principle, sir, as a legal proposition. That is the law as to the rate cases, which is so closely akin: o the safety statute cases in its operation that we felt that it was )n all fours, and we have not had it challenged yet by the department. Mr. Hersey. That was a rate case under the Porto Rico statute, wasn't it? Mr. Stevenson. Yes; and there are hundreds of them under the Elkins Act, any number of cases, and Judge Grosscup in one case 25358--22 19 wrote quite an opinion on this proposition as to when a railroad was discriminating on the question of rates. Mr. Heesey. Now, we are wasting time. Mr. Stevenson. You asked me, sir. Mr. Hersey. I know, but can't you cite the cases upon which you depend? Mr. Stevenson. I did not come prepared to do that. Mr. Hersey. You have given us two cases, one a rate case-in a State court. Can't you do better than that? Mr. Stevenson. I did not come prepared. I will in the morning. Mr. Hersey. I wish you would. Mr. Stevenson. All right. I am not p..