The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1922-03-18
STATES HAVE
REMNANT OF
RIGHTS LEFT
Interstate Commerce Comnis-
sion Has No Authority Over
Intrastate Railroads

Washington, March 13.-The in
terstate commerce commission was
held today by the supreme court to
be without authority 10 authorize
or compel the abandonment Of q
strictly state railroad.
The decision, which was handed
down in case brought by the
state of Texas against the Eastern
Texas Railroad company TO pre-
vent that railroad fro dismantl-
ing under an order issued by the
commission, declared that where q
railroad lies entirely within a single
state, is owned and operated by q
corporation OF L 1t state, and is
not q part of another line. and
where its continued operation can
not be Of more than local concern
the commission is without juris-
diction.
Interstate and foreign commerce
Will not be burdened Or affected
by any shortage in the earnings nor
Will any carrier in such commerce
have to bear or make good the
shortage" Of the Eastern Texas
railroad Justice Van Dcvanter
stated in delivering the opinion. to
which there was no dissent.
1T is not as If the road were q
branch on extension whose unre-
rnuncrative opcratiom would Or
might burden the main line" he
added. 'and thereby affect its util-
fly Of service as an artery Of inter-
state and foreign commerce"
For the courts to hold, the de-
cision said, that congress in au-
thorizing the interstate commerce
commission to regulate the exten-
sion and abandonment Of old lines
intended that the commission
should deal with the abandonment
OF such q road as tn intraState as
well as interstate and foreign
commerce. would raise Il serious
question as 10 the constitutional
validity Of the law Where q
statute is susceptible OF two con-
structions, by one OF which grave
and doubtful constitutional ques-
lions arise, and by the other such
questions are avoided. il is tie duty
OF the court 20 adopt the latter,
Justice Van Deventer said, adding
that by giving the section the more
restricted construction its validity
would be undouhted.
AS construed by the court 1t was
the intention OF congress TO enact
, q law TO regulate interstate and
foreign commerce and 10 affect
state commerce as it may be in
cidental to the effective regulation
and protection Of interstate COM
merce.! Justice Van DcvanIer SAID
there We're many manifestations OF
q continuing purpose on the part OF
. congress to refrain from any regu-
, lalion OF purely state commerce,
save such as was involved in its
rightiul eXertion Of its control over
interstate and foreign commerce.
; Had congress intended to depart
| from the accustomed path and
to deal with state commerce as
such independently OF any effect,
he continued. il would have plain
ly SO declared.
Congress had not clothed the in
terstate commerce commission with
any authority over the discon-
tinuance Of the purely state busi-
ness Of 4 railroad whose situation
and ownership. as in this state,
were such that Interstate and for
eiSn commerce would not be bur
dencd or affected by the business,
the opinion stated.
Justice Van Devanttr said the
court would press upon the qucs-
ton OF whether the railroad
company was entitled to abandon
its line. because that question wa2
presented in this case. the only is
SUE before the court being, he eX-
planned. whether the interstate
commerce commission had en-
ceeded its authority in ordering the
railroad to abandon its line.