The Birmingham age-herald., 1911-10-31
ForeshadOws the Practical Elimination of State Com
 merce Commissions
THE ROADS MUST USE
 SAFETY APPLIANCES
Southern Railroad Is Inyolved-.ln- terstate Commerce Members Are Jubilant at Settlement of
 Mooted Question

Washington, october 3o.-Complete control of all the railroads of the country by the interstate commerce commission and virtual elimination of the state commissions from such control is foreshadowed in an opinion handed down today by the supreme court of the United States.
 The court held that hereafter all To- oomotives cars or other equipment 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 pulsory on all railroads which are en- gagged in the transportation of persons or freight from one state to another.
 Elaborating this, however, 1t held that cars or equipment of such roads, even if engaged in such transportation within the confines of state, must De considered as part and parcel Of the
 road and therefore completely under the Jurisdiction of the federal commits sion.
 Members of the interstate commerce commission, who have been embar- rassed on numerous occasions by clashes of authority with state com missions, are jubilant at the ruling of the supreme court which was unanl- nous. Referring to the courts opinion, Commissioner Franklin K Lane de- clared it meant eventually, that there is to be no dual control of interstate | carriers
 The determinati ton of this question
 was laid down in an opinion read by Justice Van De Nenter on a case in- stituted 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 In Alabama to another point in the same
 state, the shipment being in an im- properly equipped car. The lower courts held that there had been viola ton of the law and their Judgment was sustained by the supreme court Justice Van De venter held that the lew applied to all equipment on a highway of interstate commerce, wae ther. at the time 1t was carrying l interstate or intrastate commerce, He further held, and was sustained by the
 courts unanimous opinion. that the
 safety appliance act was constitutional.
 The Opinion
 Speaking only of railroads which are highways of both interstate and intra- state commerce." says Justic Van De- venter, these things are of common
 knowledge, both classes of traffic are at
 times carried in the same car and when this is not the case the cars in which they are carried are frequently combined in the same train and in the switching and other movements at terminals.
 "Cars are seldom set apart for ex- elusive use in moving either class of traf- fic but generally are used interchangeably in moving both and the situation is much the same with tranmen, switchmen and like employees, for they usually. if not necessarily, have to do with both classes of traffic. Besides, the several trains
 on the same railroad are not Independent in point of movement and safety but are interdependent for whatever brings delay or disaster to one, results in disabling one of it's operatives, is calculated to impede the progress and imperil the safe- ty of other trains. And so, the absence of appropriate safety appliances, from any
 part of any train is a menace, not only to that train. but others
 The decision of the court generally is regarded as of far reaching significance and importance. It will enable the com | mission hereafter to enforce, practically
 
 that law.
 Those who casually examined the opin-
 ion were divided as to it's bearing on the litigation as to whether a state may reg
 ulate freight and passenger rates on intra- state traffic when such regulation inter-
 feres, or might interfere, with interstate commerce.
 The supreme court is to consider the i question next January when it hears the so called Minnesota and Kentucky rate cases It is the best judgment of those conversant with the situation however, that today's decision has iit- | tie, if any. bearing upon the rate
 cases.
 MT. Lane said he was gratified that the supreme court had rendered the decision, because it made for better
 safer and more economical operation | of the railway system of the country
 Commissioner Lane said:
 "We must have a national system | of railroads under national control and regulation. I believe that finally
 this government will determine as tht
 government of Canada, for instance, de- | termined whether a proposed line of q
 railroad shall be constructed. Tht l building and operation of a new line | of railway. may put out of business
 another line that is equipped to supply | all the needs of the territory traversed "It is folly to construct the new linc | hecause it's operation means simply 6 | division of the traffic between two lines
 where one is amply able to carry il
 and that in turn means an eventua
 boosting of the rates so that both lines
 may live This manifestly Is d dis advantage to the shipper. A multi
 piicity of railways in the same terri
 tory makes against the interests of tht
 shippers"