Mr. Richardson. Mr. Adamson, your question goes to the point of
whether the Supreme Court of the United States, the court of last
resort

Mr. Adamson. I have never heard anybody deny that the upper
court could give instructions to the lower court whose judgments are
sent to it.
Mr. Lamar. The cotfrts can challenge the reasonable rate, and
declare that the legislative power can not confiscate a railroad's
property.
Mr. Adamson. This is a distinct court, and it is a court that you
say can not fix a rate, and yet you say, though it can not do it, it can
tell another body how to do it.
Mr. LiAMAR. It can not legislate, but it can declare under its
powers^



136 PROPOSED AMENDMENT OF INTEK8TATE-C0MMEKCE LAW.
The Chairman. That is what I want to know, can we require them
to declare?

Mr. Lamar. I should say not. The Congress of the United States,
the legislative bodj-, can not indirectly make the Constitution of the
United States different from what it has been fixed. Within their
constitutional functions they can adjudicate questions of property or
judicial rights. They can find questions of fact within their functions.
Mr. Stevens. Then it will be necessary for them to adjudicate what
is the fact in a particular case.
Mr. Lamar. The^^ can adjudicate what is a reasonable rate and
declare whether it should exist.
Mr. Hearst. I was reading from the first paragraph of my bill.
Section 6 enumerates orders that may be issued by the Commission.
