Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1911-11-02
Virtual Elimination of State Com.
missions Contained in Su-
preme Court Ruling.
MEMBERS OF &c. C. JUBILANT
All Equipment on Interstate
Highways Must Comply with
the Federal Safety Ap-
pliance Act.

Washington, oct. 30.--Cumplete con-
troll OF all the railroads of the coun-
try by rho Interstate commerce com
mission and virtual elimination of the
state commissions from such control
is forcshadowcd in an opinion handed
down to-day hv 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 Interstate commerce
must comply with the federal safety
appliance act
In its opinion the court held that
compliance with federal law Is COM
pulsorv ON all railroads which are en-
gagged in the transportation Of persons
or freight from one state to another.
Celebrating this however. it held that
the cars or equipment Of such roads,
even If 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
Members Of the Interstate commerce
commission, who have been embarrassed
ON numerous occasions hy clashes Of au-
thoritN with state commissions. are
Jubilant NJ the ruling Of the Supreme
Court which was unauimous Referring
to the courts opinion. Commissioner
FRANKLIN Is. Lane declared ut meant
'V'ntually' that there is to be no dual
control of Interstate carriers"
LOWER COURTS UPHELD
The determination Of this question was
laid down in an opinion read by Justice
N'ndevanter in ease Instituted by the
government against the southern Rail
way The point at issue was whether
the federal act applied in the case of a
Shipment from one point in Alabama to
another point in the same State, the ship
ment being in an improperly equipped car
TIL" lower courts held that there had been
" Violation of the law and their Judgment
was sustained by the Supreme Court
Justice Nandevantcr held that the law
APP lied to all equipment on a highway |
81 interstate commerce, whether ut the |
tim" II was carving interstate or in |
trastatc commerce He then held and |
was sustained by the courts unanimou.
opinion that the safety appliance act
was constitutional
speaking only of railroads which are
highways of both interstate and mira |
state commerce. says Justice Vande-
Nanter, these things are Of common
knowledge. Roth classes of traffic are |
AT times carried in the same car and |
when this is not the case the cars IN |
when they are carried are frequently |
conlningled IN the same train and In |
the switching and other movements at
terminals.
Besides, the several trains on the |
Samo railroad are not independent in
point of movement and safety. hut are |
interdependent for whatever brings !
delay or disaster to one or results in |
disabling one of its operatives. is cal |
'ulatcd TO impede the progress and |
mporil the safety OF other trains. |
Ana so the absence Of appropriate
safety appliances from any part of |
any train IS menaCc. not only TO
hat train but to others"
The decision ~ tho court generally |
g regarded ms OF farreaching siRnlh-
'ance and Importance 1t will enable
he commission hereafter TO enforce.
practically witnopt question its or
iers based upon that law
These who casually examined the !
opinion were divided as 20 it's bearing |
IL tho litigation a. to whether "A state |
nay regulate freight and passenger
'utcs on intra-state traffic ThNn GJch |
iutcrf"rcs, or might inter
'c7c. with interstate commcrcc The !
Court Is to consider the ques-
Ion NoY' January when l. hears tho
'o-callrd Minnesota and kentucky rate
asses. IT is the best Judgment OF the |
onversAnt with tho situation. however.
hat to-dav's decision has little, II any. |
gearing upon the rate cases.