The Washington times., 1909-09-23
NULLOWNY QUASHES
CAR-CROWDING CASE
Holds That Interstate Com
J merce Commission Is With
h. out Authority.
Continued from First PageO

ACDAtALle0A AANAAA II liSL EdBe.l
pnd enacted with any legal certainty
IN that the cars are not to exceed M
teen miles per hour within the cts
limits or twenty miles in the suburbs
Surely IL was not the intention to allow
these cars TO go through the streets
OF the city at the rate Of fifteen miles
without any regard for the general
tratnc; but rather that this provision
1s intended 70 be simply a declaration on
INC part OF Congress to be regulated and
enforced by rules and orders of the In
terstate Commerce Commission.
View Of Commission.
This seems TO be the view taken by
the commission. for otherwise they have
done useless thing In reiterating in
their regulation. Number 4, that no
street cars shall move at a greater rate
of speed than fifteen miles in the city;
nor at a greater rate Of speed than
twenty miles I'm the suburbs Of the city.
Street cars shall not exceed a rate Of
speed greater than six miles, at street
crossings, and in their report to Con-
Eress IN Public Document H r. 1886.
SiXtieth Congress, second session they
use this language:
% The act itself seems 70 bear intrinsic
evidence that Il was not the purpose of
the Congress 20 vest such authority
in the commission, our power being
limited 20 the making Of rules and regl-
insure a
number Of comfortable and convenient
cars and their operation at such speed
as TO give expeditions passage.
IF Congress intended that these pro-
visions were TO be treated as separate
ohenSes why, then. was il necessary
for the act to confer power on the COM
mission not only to make rules and
orders but power, TO require and COM
pei opedlence' TO those very provisions
Does It not seem inconsistent Tor Con-
gress TO make a law 70 be enforced BY
a penalty and then say in terms: No.
TINS law need not be obeyed. but we
require and compel obedience to il
through rules and regulations and annex
a penalty not to exceed $1,000 for a
violation Of any Of these rules.
Means Reasonable Rules.
Il hold, therefore, that I'm the pro-
visions Of this section Congress simply
intended 70 lay down certain general
principles which were TO be enforced
By reasonable rules and regulations Of
the Interstate Commerce Commission,
Now considering the statute in oues-
ton in the light Of this rule, we have
these provisions enforced by certain
rules and orders OF the Interstate Com
lnerce Commission. The rules and reg
ulatiOns 10 be valid must be reasonable
upon their face and would not depend
upon any fact that could only be de-
termlned after a judicial investigation
OF technical character, but would be
the ordinary case of a statute upon a
subject which would constitute rule
Of conduct plain and clear that these
defendants in the performance of their
duty 20 the general public as common
carriers IN obeying. need not do acts
which must necessarily result in their
violation.
The motion, Therefore. TO quasb the
Information No. 1922. charging a viola
ton OF regulation Of the commission
on the ground that the act is unconstf
5utional. is overruled
The motion 10 Quash informafions No
16ssiS, l63s46, and 1880. charging a yio-
lation or the provision relating To The
crowding or cars-is granted"
Inspectors on Cars.
Preliminary steps leading I'D TO the
charges which were filed against the
companies were commenced by the Dis
trict Electric Railway Commission dur
ing the latter part OF last November.
inspectors were placed on every street
railway line in the city and two weeks
We're spent in securing data Of every
description regarding crowding OF cars
with this Information in hand. Secro-
tsry and Executive Officer n. q E,d5,,
OF the District Commission, complied an