The Washington herald., 1911-02-21
INTERSTATE CASES
FINALLY SETTLED
Supreme Court Fails to Pass
on Big Matters.
IOWA DECISION IS AFFIRMED
Associate Justice Rules on Railroad
Employee Question and "FulI
Train Crew, Statute of Arkansas Is
UpheId-Writ of Certiorari Granted
in "NayaI Stores" Case.

The Supreme Court of the United States
resumed its sittings yesterday, after va
cation of three weeks and handed down
a number of important decisions, most
of which related to interstate commerce.
The court did not decide either the
Standard Oil case or the tobacco case.
The justices have not yet reached con-
clusion on the validity of the corporation
tax law, nor did they pass upon the con-
tempt cases involving officers OF the
American Federation Of Labor.
One of the most important opinions
given was that read by Associate Justice
Hughes, affirming the judgment of the
Supreme Court of the State of Iowa in
the case OF the Chicago, Burlington and
Quincy Railroad Company. plaintiff in
error, versus Charles L. Mcguire
This decision affrms the validity of an
Iowa statute which makes 1t impossible
for railroad employe to waive his right
of action against a railroad company for
damages resulting from personal injuries
sustained in the line of his employment,
because he is a member OF a railroad
relief association, the regulations of
which require that he should waive any
such cause of action as a condition of
the membership.
Question of Validity.
The railroad companies raised the ques-
ton of the validity of the Iowa statute
on two grounds. They contended that it
was opposed to public policy. and that
the statute interfered with the freedom
of contract. The court held unanimously
that the legislature OF the State lis the
% ha nF ~,
provided it acts within its constitutional
authority.
Another important opinion of the court
relating to railroads affirmed the validity
OF what has come to be known as the
full train crew statute of the state
of Arkansas, which has been copied in
other States, notably the state or In
diana The Arkansas statute required
that railroads operating trains of more
than twenty-five cars on a line Of road
of fifty miles or over. should carry an
extra crew of operating employees. such
as engineer, fireman, and brakeman. Pen
alties were prescribed for failure TO OBJ
serve the law. The railroads resisted.
and the case was carried to the Supreme
Court.
The court in an. opinion by Associate
Justice Harlan upheld the validity of the
State enactments on the ground that they
were within the power OF the State to
thus legiSlate to protect the lives and
health of passengers.
No Free transportation.
In two cases arising under provisions of
the interstate commerce act, involving a
construction of the provision OF that law
forbidding the issue of free transporta-
ton. the court. in an opinion by Justice
Harlan. held that a contract entered into
by a railroad engaged in interstate COM
merce for the issuance of free transpor-
tation. even though made before the pas
sage of the law. could not he enforced
since the law went into effect; also. that
free transportation cannot be issued by
an interstate carrier in return for adver-
tising. even if the publishing company
holds a charter from a State which per-
mits it to accept such transportation in
return for advertising.
The court granted the petition for a
writ of CertiOrari submitted by former
Senator John c. Spooner on behalf OF
Edmund s. Nash and others. to review
the judgment of the United States
Court of Appeals of the Tenth circuit
in what has come to be known as the
naval stores" case in which the de-
PENDANTS, officers of what is known as
the naval stores trust" were con-
ViCted of violating the Sherman anti
trust law and sentenced to imprisOn-
ment This is said to be the first case
in which prison sentences have been
imposed for violation of the Sher-
man law. and the review of the judg-
ment, which was given by a divided
court below. is expected to construe
the penal provisions of the antitrust
law.
The court, in an opinion by Justice
Holmes. denied a motion for a rehear-
ing Of the Oklahoma Guarantee Bank
deposit case. The motion for a hear
ing was submitted to the court by Sen
atOr Bailey. of Texas. as attorney for
the State Banking Association.