The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1908-11-20
SUPREME COURT
UPHOL LDS RAIL ROAD
COMMISSION ORDER
Pennsylvania Must Comply
With Request of Local Ship
pers for interchange OF
Freight Here.
RULING OF COURT
DECISIVE VICTORY.
Ruling Ends a SquabbIe Which
Has Been Carried on For
Months-History of Inter-
esting Case.

The Indiana supreme court today in
a ruling refused to enjoin the Indiana
Railroad commission from compelling
the P. c., c. & st. l.. railroad compa-
ny to build jointly with the c.. c. u
l.. railroad, track connecting the two
railroads in this city, for the inter-
change of freight. The supreme court
in ruling on the case, says that in com
pelling a railroad to build a track that
is needed in the discharge of it's duties
to the shippers, is not taking prop
erty without compensation within the
meaning of the constitution. The rul-
ing of the court is decisive victory
not only for the Indiana Railroad COM
mission, but also for the Richmond
Commercial club. which instituted the
proceedings before the commission
about a year ago.
The decision involves new propo-
sition of law in this state as to wheth-
er or not railroad companies can be
compelled under the railroad commits
sion act. to build connecting tracks
and interchange freight with other
roads. The Minnesota supreme court
recently ruled favorably for the Min
nesota Railroad commission on'a SIM
liar case, and this ruling was greatly
relied on by the attorneys for the Indi-
ana Railroad commission in present
ing the case before the Indiana su
preme court" stated r. X. Shiveley OF
the law firm of Shiveley & Shiveley
which represented the Indiana Rail
road commission.
What steps the p, c., G. & l.. will
| now take remains in the dark, but 1t Is
the general opinion that the company
| will drop the case and comply with the
orders of the railroad commission
However, the company may file ar
amended complaint before the Marion
superior court, from which court thu
case was appealed to the supreme
court, and ask for new hearing of the
case. or the company may appeal th'
case to the United States SUPREME
court.
The principal argument advanced
by the p, c., c. & st. l.. attorney:
/ when the case was heard before tn,
supreme court was that most of thu
proposed connecting track would b.
built on its territory and that it woult
not receive compensation for tn
i same. The company contended tha
4 such action was unconstitutional. Tn
supreme court ruled that the order o
the railroad commission did not carr
with it seizure of the company
property. but merely regulated its us
for the benefit of the public, such az
tion being held by the court to be cor
stitutional.
After the Richmond Commercia
club appealed to the railroad commits
sion for an order compelling the p
c., C. & st. L. railroad to build
connecting track and interchang
freight with the c., c. & L., the con
mission held a session in this city an
heard the arguments for and agains
such an order. A short time later tn
commission complied with the pet
tion of the Commercial Club.
The P, c., c. & ST l.. then brougt
suit in the Marion superior court [
set aside the order Of the railroad con
mission and enjoin the enforcemer
thereof Shiveley & Shiveley for tn
commission then filed demur I
the companys complaint and Juds
, Carter sustained the demur. Th