Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1911-11-02
FURTHERS U. S.
CONTROL OF ROADS
UNITED STATES SUPREME COURT
HANDS DOWN IMPORTANT
DECISION. ~, FIJI
EFFECT FAR REACHING
All HjqhwaysHof Interstate Commerce
Must Comply With National
Safety Appliance Act; Elm.
mates State Commissions

| '...'
Washington, D. c., Oct. 81 Com
plete control Of all the railroads Of the
country by the interstate commerce
commission and virtual elimination OF
the state commissions from such con-
troll, is foreshadowed in an opinion
handed down by the supreme court OF
the United States. The court held
that hereafter all locomotives, cars.
or other equipment used on any
railroad which is highway of inter-
state commerce, must. comply with the
federal safety appliance act.
In its opinion tha court held that
compliance with federal law is COM
pulsory on all roalroads which are en-
gagged in the transportation Of per.
sons or freight. from one state to an
other Celebrating this. however, It
held that the cars or equipment of
such roads, even IL engaged in such
transportation within the confines of a
state, must be considered as part
and parcel of the road and therefore,
completely under the Jurisdiction OF
the federal commission. "A ~ $685.. .
(. H.. Clashes Of Authority. 5..r,..-te -
Members Of the Interstate commerce
commission who have been -embar-
raised by clashes of authority with
state commissions. are jubilant at the
ruling. Referring to the courts opinion,
Commissioner Franklin K. Lane de-
clared ut meant eventually, that there
is to be no dual control of interstate
carriers, ~&t,.r.,.,'., * 4 90!
The determination of this mooted
question was laid down In an opinion
read by Justic Vandevanter in a case
instituted by the government against
the Southern railway. The point at is
sue was, whether the federal act ap-
piled in the case of shipment from
one point in Alabama to another point
in the same state, the shipment being
in. an improperly equipped car. The
lower courts held that there. had been
a violation ofGthe law and their; judg-
ment was sustained by the supreme |
court. :, II .t%.J-
Justice Vandevanter's Opinion.
Justice Vandevanter held that the
law applied to all equipment on
highway of interstate commerce.,
at the time it was carrying
interstate or intrastate commerce, He
then held-and was sustained by the
courts unanimous opinion-that. the
safety appliance act was constitutional.
"Sneaking only Of railroads, which
are highways Of both interstate and
intrastate commerce. says Justice
these things are of COM
mon knowledge: Both classes Of traf-
fc are at times carried in the same
ear and when. this is not the case tive
cars in which they are carried are
commingled in the same
rain and in the switching and other
at terminals. ; 4,
Cars are seldom set apart for ex-
elusive use in moving either class OF
:raffic but generally are used, inter-
in moving both: and the
Is much the same with train
men. switchmen and like employees for
hey usually, If not necessarily, have
% do with both classes Of traffic Be-
sides, the several trains on the same
abroad are not independent in point
If movement and safety. but are in
erdependent; for whatever brings de-
ay or disaster to one, or results in
disabling one Of its operatives. is cal
:ulated to impede the progress and i'm
he absence Of appropriate safety ap
oliances from any part Of any train IS
| menace. not only to that train but
% Others"
Power to the Commission.
The decision Of the court generally
s regarded as Of far-reaching signifi-
canoe and importance. 1t will enable
|
without question, its orders
passed upon the law. Those who casu-
lily examined the opinion were divided
Is to it's bearing on the litigation as to
whether a state may regulate freight
ind passenger rates on interstate traf-
ic when such regulation interferes or
night interfere with interstate COM
nerce.
The supreme court IS to consider the
question next January when it hears
he So called Minnesota and Kentucky
ate cases. 1t is the best Judgment of
hose conversant with the situation,
however, that today's decision has lit
lie, if any. bearing upon the rate cases.
Friction Will DO Averted.
More or less friction has arisen be-
ween the interstate commerce COM
mission and various state committees
which had rendered 1t embarrassing to
he federal body in it's work of inter-
ate regulat ton. Upon this point, again
o quote Commissioner Lane:
1.-THE supreme court could say, and
believe 1t will say eventually, that
IN interstate carrier cannot be con-
rallied by a state commission in any
way that would prefer intrastate over
interstate traffic. In other words, the {
federal authority cannot permit a I
state to build a wall around its bor-
lers that would afford the people
within that wall a greater advantage in
commerce than is enjoyed by the
,eople Of another state outside the
wall. We cannot have separated, ar
arteries Of commerce. We
must have a national system Of rail-
-oads under national control and reg ,
1lation."
many years a member Of the Lutheran 1
church but in later years had Worship =