Note 402 — Chapter XXXIII · FIXING RATES BY PUBLIC AUTHORITY.

The 8 cases are the New York and Northern Case (3 I. C. C. 542) the Social Circle Case (4 I. C. C. 744) the Minneapolis Case (5 I. C. C. 571) the Colorado Fuel and Iron Case (6 I. C. C. 488) the St. Cloud Case (89 I. C. C. 346) the Savannah Case (8 I. C. C. 377) the Tifton Case (9 I. C. C. 160) and the California Orange Routing Case (9 I. C. C. 182). Mr. Willcox thinks the Minneapolis Case and the Colorado Case should be crossed off because the carriers complied with the orders while suit was pending, so that there was no decision on the merits. He says the decision was not on the merits in the New York Case, the St. Cloud Case, or the Tifton Case. In the Social Circle Case the Supreme Court sustained the order in respect to discrimination, but reversed it so far as it attempted to fix a maximum rate. In the Orange Case the Circuit Court sustained the Commission, but an appeal was taken at once to the Supreme Court. In the Savannah Naval Stores Case the Circuit Court sustained the Commission and no appeal was taken. Two cases in favor of the Commission in the Court of Appeals and one-half a case in the Supreme Court, and one of the circuit decisions is on appeal—one and one-half final affirmatives on the merits out of 34. One would think that Mr. Willcox might allow the Commission the three cases that were decided in their favor although the court did not find it necessary to go into the merits of the matter, and he seems to be less generous about the Colorado Case than Mr. Newcomb, who says the Commission was sustained by the court.