The Birmingham age-herald., 1922-03-14
|. C.C. CAN'T ORDER ABANDONMENT OF
 STATE RAILROADS
Commission Without JuriSdic- ton Where Road Lies En- tireIy Within Single State,
 Is Decision
Ky Associated Press

Washington, March 13.-The inter- state commerce commission was held by the supreme court today to be without authority to authorize orr compel the abandonment of a strict ly state railroad
 The decision, which was handed down in a case brought by the state of Texas against the Eastern Texas railroad company to prevent that railroad from dismantling under an order issued by the commission, de- clared that where a railroad lies en- urely within single state, is owned and operated by corporation of that state, and is not a part of another concern, the commission was without Jurisdiction.
 Interstate and foreign commerce will not be burdened or affected by any shortage in the earnings nor will any carrier in such commerce have 10 bear or make good the shortage" of the Eastern Texas railroad. Jus tice Van Diyenter stated in deliver ing the opinion, to which there was no dissent.
 It is not as if the road were branch or extension whose unremun- erative operation would or might burden the main line,7 he added, and thereby affect it's utility or service as an artery of interstate and for eign commerce."
 Would Question ConstitutfonsIity
 For the courts to hold, the decision said, that Congress in authorizing the interstate commerce commission to regulate the extension and aban- donment of old lines intended that the commission should deal with the abandonment of such road as to intrastate as well as interstate and foreign commence" would raise a seri- ous question as to the constitutional validity of the law. Where statute is susceptible of two constructions, by one of which grave and doubtful constitutional questions arise and by the other such questions are avoided, it is the duty of the court to adopt the latter, Justice Van Diventer said, adding that by giving the section the more restricted construction It's validity would be undoubted
 AS construed by the court it was the intention of Congress to enact a law to regulate interstate and for etgn commerce. and to affect state commerce only as 1t may be incl
 
 protection of interstate commerce. Justice Van Diventer said there were many manifestations of continuing purpose on the part of Congress to refrain from any regulation of pure ly state commerce, save such as was involved in it's rightful exertion of it's control over interstate and for eign commerce. Had Congress in- tended to depart from the accustomed bath and to deal with state commerce as such independently of any effect on interstate and foreign commerce. he continued, 1t would have plainly so declared
 Congress had not clothed the inter state commerce commission with any authority over the discontinuance of the purely state business of rail- road whose situation and ownership, as in this case, were such that inter state and foreign commerce would not be burdened or affected by the continuance of that business, the opinion stated.
 Justice Van Diventer said the court would not pass upon the question of whether the railroad company was entitled to abandon its line because question was not presented in this case, the only issue before the court being, he explained. whether the in- terstate commerce commission had exceeded it's authority in ordering the railroad to abandon it's line