New-York tribune., 1908-08-17

tor desired by the commission the company IaiS
IRE roiat that interstate carrier II might
nro7erlv come under the jurisdiction q the inter
stste Commerce Commission. and asked that the
ro,uf be determined 50 that the posslolhlg ol 0oi
si--ine orders might be avoided
r,,s * The first time since the commission took
,eoA On July ! 1861 that this point OF its powers
>, cononel an interstate line operating railroad IN
ms greater city 70 obey its orders has been orougt
:, The New York Central & Hudson River hali-
rad Company. the New York New Haven q sl.e
.,- Railroad Company. the Baltimore & ohlo'
-. o-z-a-es the steam railroads on staten
800 and the Long Island Railroad Company, al
s.-s s-raga5 in interstate commerce. have peeh
-,-. n recognizing the jurisdiction OF the Fuphc
ss-5cs Commission in its own field and IN comply
ing with orders for information similar 10 'oS' az
dressed 70 the McAdoo company
or the opinion OF George s Coleman. IT'S counsel
-. ,,-,-,5es4or has ordered the McAdoo company
: ,,l,- rl7e information asked for MI coleman
..fs N see why the company should not give tii
,,eo-,,s+ior even though similar tnforIna'lo 90u'
:. rso,.s-Ad by the Interstate Commerce ColIll
= : -rg e-1,4r-e Of its proper jurisdiction Under
>. franchises granted by the Rapid transit boai
81 hpi15 and operate railroacs ana stations II
vi, r3-v NIr Coleman points out. the Punhc ser
= ,~r,-7-iseor IS vested with the rlght OF iHSPe0
10, ens examination when necessary Inc
c.ss. NJ trA Morton street and sixth avenue -
-,- in orera1ion' he says, proTloes tiia'
therein shall he deemed to dimlnlsh OF aheo. -
..,,.a-- or police jurisdiction Whlch 'he pU'I.-
- -. .ral lawfully have over property IN
the city. . - ore rem
s.-ss conflicting orders may be given oH l's -
a. federal authorities may be olsregAlueo .
s5ss IT Is 70 he assumed that lile -.
- Cor,-7iseio- viii act within its 5urisoie'lo"
a -. .,- IF IFS orders" AS TO possible con-
e. ,-L ,ps Interstate Commerce ComInlsslon'
vbi,b might Justify the company in Wlthholoi-Is
-spo-rs from the Public Service Coulinissiol,
Nr Coleman gives the United states
Court as authority that A demand iol
c,-,nsr,- o7,e-atfns within this state is IN no
=. a--. -, -ay,,1ar5on OF commerce It does not
undertake 70 impose any tax upon the cofhPah9'
or N restrict the persons or things TO be carried
or 10 regulate the rate of tolls, fares OF
The orders issued 10 the IcAdoo company pS ''e
commission are simply in exercise oI as PoNe -
visitation which the state possesses over coTpo-
rstions and especially over railroad coIpoI a'ioi'
ty virtue Of its police power.
There Is no doubt adds Mr. Coleman that-
subject 70 action Of Congress. the state can re-
quire this railroad 10 guard against acoloeH'S'
g can regulate the holding Of stock: II can III
sst upon ADEQUATE appliances. as car bodies ana
motors 10 transport the traffic: II can require
thar no corporation operate railroad witnout
franchise The mere fact that a corporation is
engaged En- interstate commerce does not permit
Il 70 usurp special franchises for that purpose
There IS nothing Inconsistent or lmpossiole IN
rendering reror-s even on the same matters and
for the same purposes 70 different bodies
Inasmuch as these orders of the commission
o. not directly regulate interstate commerce ana
Il fact. hardly even indirectly affect IL but are
simply regulations upon the instruments OF inter
safe commerce made in reliance upon the re
Served police power not granted 70 Congress anu
DO Incompatible with any ruling that Congress
has made under its power TO regulate commerce
snd as they certainly have less effect upon com
aerce than many other regulations or states mere
tofoTe upheld by The courts like harbor regula-
tons and laws concerning 7ilots the orders would
seem 70 ne 10 be in aid Of commerce, and not or
Interference with it, and should be obeyed