Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-10-31
SUPREME COURT DECISION ON
SAFETY APPLIANCES
:; FAR PREACHING.
COMPLETE JURISDICTION
LODGED IN GOVERNMENT
Decision Virtually Eliminates State
Commissions From Interference With
Federal Authority Over Interstate
Lines - State Can Not Build
Wall.

Washington, Oct 31.--Complete con-
troll Of all the railroads of the country
by the interstate commerce commits
sion and virtual elimination OF the
state commissions from such control
Is foreshadowed In an opinion handed
down yesterday by the supreme court
OF the United States.
The court held that hereafter al
locomotives, cars or other equipmen,
used on any, railroad which is high
way OF Interstate commerce must com
ply with the federal safety appliance
act.
In it's opinion the court held that
compliance with federal law Is COM
pu,sury on all railroads which are en-
gagged in the transportation OF persons
or freight from one state 20 another
fclaborating this. however. 1t held thai
the cars or equipment of such roads
even if engaged in such transportation
Within the confines of state, mus
De considered as part and parcel OF
the road and, therefore. completel!
under the jurisdiction of the fedora
commission.
Members of the interstate commerce
commission who have been embar'
.assed on numerous occasions by
clashes Of authority with state com
missions. are jubilant at the ruling OF
the supreme court. which was unan-
imous. -
Referring to the courts opinion
Commissioner Franklin X. Lane de-
clared at means eventually that there
is to be no dual control Of interstate
carriers"
The determination Of this mooteC
question was laid down in an opinion
read by Justice Nandevanter In case
instituted by the government agains
the Southern railway. The point a
issue was whether the federal act ap
piled in the case of shipment from
one point in Alabama to another poin
in the same state, the shipment beint
In an Improperly equipped car.
The lower courts held that there hai
been a violation of the law. and theiI
Judgment was sustained by the su'
preme court
Absence Of Appliance Is Menace.
Cars are seldom set apart FOR ex'
elusive use in moving either class o1
traffic, but generally are used inter
changeably in moving both. and th'
situation is much the same with train
men, switchmen and like employees. fol
they usually, II not necessarily. have
10 do with both classes of traffic.
Besides, the several trains on tn
same railroad are not Independent II
point of movement and safety, but ar
interdependent. For whatever bring
delay or disaster to one, or results II
disabling ono of it's operatives. is cal
culated to impede the progress and i'm
peril the safety OF other trains. Ant
appliances from any part Of any trail
is menace not only to that train bu
to others"
The decision of the court general!
Is regarded as Of far reaching signi
ficance and Importance 1t will enaol
the commission hereafter to enforce
practically without question. Its orders
based upon that law.
Rights Of States Involved.
Those who casually examined tn
opinion were divided as to Its bearing
on the litigation as to whether a stat
may regulate freight and passenger
rates on intrastate traffic when suci
regulation interferes. or might inter
fere. with interstate commerce.
The supreme court is to consider tn
question next January when 1t hears
the so-called Minnesota and kentuck'
rate cases. 1t Is the best judgment o
those conversant with the situation
however, that yesterdays decision ha
little, If any, bearing upon the rat'
cases.
More or less friction has arisen be
tween the interstate commerce com
mission and various state railroad
commissions, which has rendered !
embarrassing to the federal body In IT
work Of interstate regulation.
State Can Not Build Wall.
Upon this point, again to quote Com
missioner Lane.
"The supreme court could say. and
believe it. will say eventually. that al
interstate carrier can not be controlled
by a state commission In any way tina
would prefer intrastate over interstate
traffic. In other words, the fedora
authority can not permit n state t
sbuild wall around its borders tha
"OulO AAAOSA-NOS PSSpso ''sSsssAA >sAs-
wall greater advantage In commerce
than Is. enjoyed. by the people Of an
ether state outside the wall.
"We can, not have separated, afticu
lated arteries Of commerce. We mus
have national system Of railroads un
der national control and regulation.
,,"I. beaieve that finally the govern
ment will determine. al the. govern
rnent OF CRnada. for instance. deter
uiues. rWhsther proposed line OF rsal
road shall. be constructed The build
ing, aud .opesstion Of a new line Of r3tl
way may put out Of business anothe
lire that Il, equipped to supply all th'
ineeds OF the territory traversed. I
jis .fully, to construct the new line. be
cause les operation means simply = ~
vision OF the traffic between two lines
whore one II amply able to carry II
and that In turn means an, eventua
boosting u TIE, tie: ,ss:s. :.s:.e hcth l!ne
may live" -,
. .