New-York tribune., 1910-01-11
MAY REGULATECARS
COMMISSION UPHELD.
GoUerRment Wins Big Smt
1gainst Railroad Com paAies.

Washington, jan r. - The Sunrerre
| Court ef the United States to-day decided
! the cese OF the United States against the
llfneis Central and ether railroad com
| panies doing business IN the Illinois coai
mining district IN favor 90 the yovern-
ment. The case involved the right ~ the
Interstate Commerce Commission 10 direct
the distribution OF cars in tho interest OF
Independent, coal companies. and the com
mission vas upheld IN a decision delivered
by Justice White In effect the court held
that the fuel ears Of other companies were
TO be counted the quota of each partic-
ular rnine
Tho decision is expected 10 have an i'm
pertans bearing on the rate cases 20 be
heard
In announcing the decision Justice White
considered two objections 10 th3 deiega-
tion of power to the commission the Srst
being that no such delegation had been
made bv the Interstate commerce law In
aegard 10 the distribution OF fuel cars as
Il means of prohibiting unjus, preferences
sr.' undue Discrimination, and the second.
than even fs such power should be delegated
the order snjoined by the court below was
heFout the authority conferred by law.
The tirst objection. he said. rested on the
erroned1s assumption that commerce. in
the copstitutbonal sense embraced only
shipment ira a technical sense. and did not,
tiierefere. extend 10 carriers engaged IN
interstate eommerce
II, may ner be dslhted." he said, ''that
the puipmeW Of 6 railroad company en-
gegs6 in Interstate commerce. included in
which, are It's coal cars, are Instruments OF
such c1slmsrce- From this II necessarily
follows, tnat such cars are embraced within
the goeernmeptsl ppayer OF regulation,
which extends, in time Of car shortage. to
compelling a JUST and equal distribution
and the preyention ef an unjust and dis
eFiHainstery one
of tho second contention Justica White
SAID:
The construction which the interstate
commerce act. had pecessitated and the
remedial character OF the smendInsE
adopted in 1905 ali seEved to esta elish the
ton TO adopt il, would require us to hold
that Congress. in enfarsfng the power %
the commission over rates, had 50 drafted
the. amendment. as ta cripple. and psrslyze
It's power in correcting abuses as TO pref
erences and DETERMINATIONS, which IL was
the great and Fundamental purpose of
Congress to furthe&
In tire suit as originally instisnted by the
railroad company the courts we're asked tn
enjoin the enforcement OF the Interstate
Commerce Commissions order as IL applied
to the distribution OF the fuel cars Of for
eign railroads and private cars OF other
shippers, as well as the ca.s employed by
the initial railroad companies themselves in
hauling their own fuel. The United States
Circuit Court for the Northern District OF
Illinois susts lned the commission with ref
erence to the first two classes, but granted
an injunction restraining the enforcement
OF the regulation with reference. to the
company owned cars. This, therefore, was
the only point involved IN to-day's decision,
and on that point the Supreme Court re-
versed the trial court, in addition annoJrnc-
ing In broad terms its support Of the power
Of the. commission.