Omaha daily bee., 1910-01-11
Will Have Bearing Upon Freight Rate
Gases Yet to Be Heard.
COURTS ORDER Is SWEEPING
1t Applies to All Cars Owned by Ship
pers and Railroads.
HISTORY OF THE SUITS
They Were Brought by Independent
Coal Companies that Alleged Rail-
roads Were Discriminating
Against Them.

WASHINGTON, Jan. i0.-The supreme
court Of the United States today decided
the various cases before 1t involving the
power Of the Interstate Commerce commits
sion to regulate distribution of railroad
cars among coal companies, upholding the
commissions power, but deciding the vari-
GUS cases on their Individual merits.
The decision is regarded by the govern
ment as most important in that II upholds
the powers OF the commission. and 1t is
expected to have an important bearing on
the rate cases still to be heard by the
court
In announcing the decision Justice White
considered two objections TO the delegation
OF power to the commission, the first being
that no such delegation had been made by
the interstate commerce law in the matter
Of distribution Of company fuel cars as a
means OF prohibiting unjust preferences
and undue discrimination, and the second,
that even II such power should be dele
gated. the order enjoined by the court be-
low was beyond the authority conferred
by the law.
The first objection. he said. rested on
the erroneous assumption that commerce,
in the constitutional sense, embraced only
: shipment in a technical sense and did not
therefore extend to carriers engaged in
Interstate commerce.
Cars Instruments of Commerce.
1T may not be doubted" he said, "that
the equipment Of a railroad company en-
gagged in interstate commerce included in
which are its coal cars. are instruments
OF such commerce From this it neces-
sarify follows that such cars are en-
braced within the governmental power of
regulation. which extends. In time of car
shortage 10 compelling a just and equal
distribution and the prevention of an un-
just and discriminatory one"
OF the second contention Justice White
said:
"The construction which the interstate
remedial character OF the amendment
adopted in 1905 all served to establish the
want OF merit in the contention.
I'm addition, to adopt would require us
to hold that congress, In enlarging the
power OF the commission over rates, had
so drafted the amendment as to cripple
and paralyze its power IN correcting abuses
as TO preferences and determinations which
It was the great and fundamental purpose
of congress to further"
History OF suit.
AS originally Instituted by the railroad
company, the courts were asked to enjoir
the enforcement OF the Interstate Com
merce commissions order as II applied t.
the distribution of the fuel cars OF foreign
railroads and private cars of other ship
pers, as well as the cars employed by tn,
initial railroad companies themselves il
hauling their own fuel.
The United States circuit court for tn,
Northern district of Illinois sustained tn,
commission with reference to the first tive
classes, but granted an injunction restrain
. ing the enforcement of the regulation will
reference to the company owned cars This
therefore. was the only point involved IL
today's decision and on that point thu
supreme court reversed the trial court, II
addition announcing in broad terms its sup
port Of the commission.
Effect of Decision.
The decision rendered today said As
sistant Attorney General Ellis, who argue,
the case for the government before the su
(pHeme court, is one OF the most importan
OfHts kind that has ever been announced.
The case OF the Baltimore & Ohio Rail
road company against the Pitcairn Goa
company involving a complaint OF unequa
distribution of cars by Independent Goa
operators in West Virginia was technicall
decided In favor OF the railroad compan,
in that the decision OF the United State
circuit court of appeals for the Fourt
circuit was reversed. This action. howeye,
was taken only on the ground that Tn
complaint should have been made origin
ally TO the Interstate Commerce commits
ali nf he