National news. (Chicago, Ill.) 1915-19??, 1916-04-12

each estate and three men walking the
track TO be observed. The details are
shown In Respondents Exhibit J. The
distances in feet at which the man in
white was seen ranged from 2069 to
2is3; the man in gray 1864 to 229l
and the man in black 100 to 1864.
Similar experiments were made at
the test field near Dyer. on May IL,
1915. On this occasion the watchers
on the engine held the push buttons
connecting with signal lights in a
shack 1000 feet from the engine, so
that each observer. without appf1sing
the others. could indicate when the
man on the track came within his Wis
ion. The results of these experiments,
in which twelve observers participa
ted. are shown in Respondents Ex-
hbit No. 3. The distances at which
the man in light clothing was OBJ
served ranged from AS feet to 5000
feet: the man in medium" clothing.
5ls feet to 2492 feet, and the man in
dark clothing. 225 feet to 1914 feet.
In the view of this Commission, the
proof of specific violations of the law
on engines in actual service, is not
overcome by the results of these tests.
The objections urged against the
constitutionality of the statute are for
the most part disposed of by the de-
cision in Atlantic Coast Line Railroad
Company VS.. State of Georgia, 234 L.
s. $50 The statute there In question
required railroads TO equip locomo-
tives running on the main line with
a good and sufficient headlight. which
shall consume not less than 200 watts
at the arc. and with IA reflector mo-.
less than 90 inches in diameter The
railroad was convicted Of violating
this statute and the conviction was
sustained by the Court of Appeals of
Georgia. In affirming the judgment.
the United States Supreme Court held
that the statute was within the police
powers OF the state, that its wisdom
was for the Legislature. and that II,
did not deprive the railroad Of liberty
or property without due process Of
law. nor deny i, the equal protection
Of the laws.
The statute.
The courts also held that the
Georgia statute Was not invalid as
constituting an unwarranted interfer-
ence with interstate commerce. The
court applied the principle that in
the absence Of Legislation by Congress
the states are not denied the exercise
of their power to secure safety in the
physical operation of railroad trains
within their territory, even though
such trains are used in interstate COM
merce.'
The court. after referring to various
Acts of Congress, concludes:
But i, is manifest that none Of
these acts provides regulations for 10
comotive headlights. II
does not appear. however, either that
Congress has acted. or that the Com
mission under the authority of Con
gress, has established any regulations
so far as headlights are concerned; as
to these, the situation has not been
altered BY any exertlon Of Federal
power. and the case stands as II has
, always stood. without regulation un-
less Il be supplied by local authority.
Tn. most that can be said is that IN
uuiries have been made, but that Con
yress has not yet decided TO establish
regulations. either directly or through
its subordinate body. As TO the appli-
ance in question. The intent to super
sede the exercise of the States police
power with respect 10 tins subject can
: not be Inferred from the restricted
action which thus far has been
taken"
Il Is urged. however. that Congress
has now taken jurisdiction Of the reg
ulation Of locomotive headlights. so as
To supersede state legislation on the
subject. and reference = made 20 The
amendment of Marrh I, 1915. 10 the
; Boiler Inspection Act Tie Missour'
Public Service Commission took that
view IN Brotherhood of Locomotive
Firemen and Engineers v. 81. LOU.
A san Francisco X. X. COMPANY. y
L. L. 1915 r Is9.
, Boiler Inspection.
b By the Boiler Inspection A. ~
4 1911" II was made unlawful far any
p common carrier 70 uxs any %
+. connective engine propelled by steam