New-York tribune., 1910-03-08
HF0ft RAILROADS
INTERSTATE REBUKE.
S,1reme Court Says Commis-
e;op Exceeded Authority.

,..,-.o- March The supreme Court
,-rfta5 States aunulled important
- of the Interstate Commerce commis-
80 to-day. because the commission
80 exceeded its authority
:. the orders required the Northern
-. P.fv-av COMPANY 70 Join with COM
=. "a .lroads IN establishing a through
80 and ioint rates from the East TO
-, sound points 10y way Of Portland.
-rhA otEe- order required the Dela-
r.ckava-,aa * Western Railroad
80, 10 grant physical connection
-. ,,e Railway Valley Railroad Company
:, summit. x. J.
80 NortEern Pacific Railway case the
= be,s that this railroad already MAIN
satisfactory or reasonable route
.ta Fast 10 Puget Sound points, and
&c ssch a route was in existence
.o-r-,ission could not require the road
- ,sfn in another.
--,o ~rlrt took tie position that climate,
and desire to visit along the
s,rth or the Northern Pacific did
- .s,e !atter's route unsatisfactory
1'o' --eaeo-sble." and to hold otherwise
~ give az artificial meaning 10
- uo-5z Of tee statute.
- ,,,sttion in the statute is not TO be
- sr-sv- said Justice Holmes in an
..--.,- the opinioa Of the court
,,a orher decision it was held that
49,. omission did not have power TO re-
- raH-oad subject 10 the Interstate
S.-,-s--e Commissions order, to grant d
--.-.ion with branch railroad upon
.o.,,lsfrr Of the branch railroad itself
r.. co;-t RETAINED from deciding what
tc
n the case.
Tie Portland Gateway s'lit was over the
,.s-rr- II tHa Interstate Commerce Com
--.ssfan 70 require the Northern Pacifc TO
ii, win other railroads in establishing a
..-,re. raszeneer route and ,o;nt rates
.,r me East 10 Puget Sound territory,
"a Portland. Ore T. has been wased
ss-raly iv contesriEs interests IN the
Nath7esr
Ordered Joint Rates.
si-e- many complaints 10 the commis-
s-. an invest cation into The whole sub
,s-svag undertaken. The inquiry showed
.ss- me Northern Pacific declined 10 enter
,--os ,o.rt rate agreement with the Union
rsr1r and ctaer Hartman roads for pas
ss-ee-y from the East To Tacoma and
s-:'s- points. via Portland This refusal
vas based on the claim that It already pro-
vt5.s satisfactory and reasonable route
.-or the East 10 Tacoma territory Via.
BIngs. Mont
TIE commission finally ordered tie max
Lz9f joint rates via Portland II disre-
Esrisd -ha contention Of The Northern Pa
cfc that under The law there already be
i-s 'ssristsC-orv and reasonable route il
gould not require The making II another
,cts" To persons who might object 70
,ae climate ~ The Northern Pacific route.
rho wanted IN ston over along the southern
Toora foT purposes Of seeing The sce1-ery cr
f1- has.1s==. The commission held thac tbe
northern route might not be q satisfactory
and reasonable route.
u announcing The decision n the court.
Justice Holmes said that the commission
tsd power ~ require . new route only
Tlsl m reasonable or satisfactory route
sassdr existed. TIE reasons as5itred hv
tas commission IS to why the Northern
Pa i1C r0rrz Was NOT q satisfactory or res-
s1-zt-@ enc could only he maiu1sfned bv
Er7s Tie words n The statute an arti-
t-al meaning fie approved in substance.
IL position taken 1y Chairman Knapp.
NSW Jersey becls on.
T-sr -fe Delaware. Lsckavznna &.
Western Railroad Company refused To
ETa-c Physical connection with the Ra7-
~sg Tau=r Railroad ar Summit. =. =. the
1''sr made r complaint to the Interstate
commerce Comm iss'0n That body eventu-
a. ISSUED On order t. compel the granting
4 q ire connection.
5-5l3e Holmes, m announcing the deci-
l'a 4 f1e Supreme court said the lower
ci1 had taken IRE proper view Of the
.5asr II ne commission in the present
z-i4tl9n
4 Rnls ne court held that the commits
sN co4.d nct require = connection on
-=-ooH-7ia -- ~ the branch road. il did
~ lToFa.t The commission from acting
" ne conn 7i0t ~ 2 shipper along the
-.'s1A road The court left 10 one side the
.sson n whether tie Railway was
1.a'al branch line ~ railroad" within the
-e-'s q Tho lzv- Justice Holmes said:
-1e-e certainly IS force in tho Coz,
/ -- lat -H- words q the statute
80 -. z road naturally tributary 10
i 49, y 'I+ common carrier ordered 10
| = - 'lI1 'I.u and dependent up0l /
\ a. outlet 10 -he markets Of r,e /
d rs[----- NI-f according 10 the bill. the 4
d road IS not. There is force i,l +
II ----'.t I.-a' q road already haE- !
-.-.eei1g EIrr the roads Of two ca7- +
ze-3leei ~ t1e act and having Joint f,
Il a1i through rates with them can 1
II Fs--ee0 lateral branch limo +
ts s4l ~ another road situated Ike .
1s o'ler hand. it would he going /
~ l9HA rre universal prODCsition +
t-saE -e15r might NOT he 2 lateral (
II e 1l "i FHa line ar one end and /
tte ~ TIE other We leave this
s7ss -fi.11 NJ" one side. because we
sfs-t 'ia circuit judges iu the con
d upon which they decided this
sa1reme Court ,o-day'dfsmiSzed the
-. James a. SHire Ct al from the
II he loHc- federal court. cnjoining
,s a'pe7ters -0 S. Louis from oper-
I against tae Fox Brothers Afanufac-
em1sn-. of that city In an
'ae decision of the court Chief
ruler -sd thar under the cI-cun-
direct aa-e1l 70 the Supreme
-e fmted States old not lie.
pPlcS OF THE STREET.
,sseIiN ,ss.14.iN TRADING Foreign houses
L. t9fsl ectF'- ia tho local stock mar
- a \ l= amounting 10 up
/ agfIr~ 'aH -41rsa. rtFrl sales urf1erTi- 4