The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-10-31
COURT DECIDES
MOOT QUESTION
Safety Appliance Law May Be
Enforced on Equipment Which
Is Used in Intrastate Traf-
fic-Interstate Commerce
Commissioners Are Jubi-
liant Over Outcome.

Complete control of all the railroads
| of tile country by the Interstate Com
merce Commission and virtual elimna-
ton OF the State commissions from
such control is foreshudowed in an
opinion handed down to-day by the
Supreme Court of the United States.
The court held that hereafter all loco
motives cars or other equipment used
OIL any railroad which Is highway
of interstate commerce. must comply
with tho Federal safety appliance atS.
In it's opinion the court held that
! compliance with Federal law is conpul-
sorry on all railroads which are engaged
In the transportation of persons or
freight from me state to another.
Celebrating this. however, 1t held that
the ears or equipment OF such roads.
even 1t engaged in such transportation
within the confines of q state, must be
considered as part and parcel of the
rosd. and therefore completely under
the jurisdiction OF tho Federal COM
mission.
Commission Jubllnut.
Members OF the Interstate Commerce
Commission who have been embar-
raised on numerous occasions by
clashes OF authority with State COM
missions. are jubilant at the ruling of
the supreme Court. which was unani-
nous. Referring to the courts opinion.
Commissioner Franklin *. Lane de-
clared lit meant eventually that there
is TO be no dual control of interstate
carriers"
The determination Of this moot ques-
ton was laid down in an opinion read
by Justice Van Dcvanter in case in
stitutcd by the government against the
Southern Railway. The point at issue
was whether the Federal act applied in
| the case of shipment from one point
/. III, 4,,,t In 40
same state. the shipment being III an
improperly equipped car. The lower
| courts held that there had been ii vio-
lat!on of the law. and their Judgment
was sustained by the Supreme Court.
/ Justice Van Devanter held that the
law applied to all equipment on j
! highway Of Interstate commerce,
! whether or not at the time II was car
rying interstate or intrastate commerce.
He then held, and was sustained by
| the courts unanimous opinion that
| the safety appliance act was constitu
! tonal.
speaking only OF railroads. which
| are highways of both interstate and
| intrastatc commerce. says Justice Van
| dervanter. these things are of common
! knowledge. Both classes of traffic are
| at times carried in the same car. AMI
| when this Is not the case the cars In
! which they are carried are frequently
/ comminEied In the same train. and in
/ the switching and other movements at
| terminals
Cars arc seldom set apart FOR tx
elusive use in moving either class of
traffic. but generally arc used litter
chang in moving both; and in the
situation is much the same with
trainmcn. switchmen and like EN-
ployes, for they usually. IL not nee
essarily. have to do with both classes
of traffic. Besides. the several trains
on the same railroad are not indo-
pendent in point OF movement and
safety. but are intcrdependent; for
whatever brings delay or disaster 10
one. or results In disabling one of its
operatives. is calculated to impede the
progress and imperil the safety OF
other trains And SO the absence OF
appropriate safety appliances from
| any part of any train is n menace, not
only to that train. but to Others"
Effect Fnr-Renchins.
The decision of the court generally
is regarded as of far-reachinS sig
nificance and Importance. 1t VIII en-
able the commission hereafter to en-
force. practically without question, its
orders based upon that law. Those
who casually examined the opinion
We're divided as to its bearing on the
litigation as TO Wnether state may
regulate freight and passenger rates
on interstate traffic when such regu-
lations interferes. or might Interfere.
with interstate commerce The Su
preme Court Is to consider the ques-
ton next January, when It hears the
so-called Minnesota and Kentucky rate
cases. 1t is the best Judgment OF
those conversant with the situation.
however. that to-day's decision ma 8
little. If any, bearing upon the nate
cases.
Mr. Lane said he was gratited that
the supreme Court had rendered the
decision. because it made for better.
/. safer and more economical operation
! of the railIuaN sNst ciin Of Ihn cnln