The Birmingham age-herald., 1924-04-13
STATE MAY STILL ORDER RAILROADS. TO BUILD DEPOTS
:! High Court Ruling Does Not Affect Utility
 Boards Power
ATTALLA STATYON
 FIGHT TO CONTINUE
Ruling In Los Angeles Case Does Not Cover
 Local Cases
(stase Capital Bursau)

MONTGOMERY, Ala, April l2.- Fear that the decision of the United States supreme court this week holding that railroads operating in Los Angeles could not be forced to construct pnien station at.a cost of about $b0,O00, 600 would prevent the Alabama Public Service commission from requiring rail- reads entering Attalla and Opeiika to construct terminal stations were allay- ed today when the commission received from the Washington representative of the state commissions 6 memoranda re- earding the decision.
 The decision did not touch upon the authority of a state commission to re- auire the construction of union stations, except where such an amount is i'm velved as might necessitate the issuance of additional securities by the railroad affected. This issue does not arise in any Alabama case.
 No definite conclusion has been reached by, the Alabama commission, because the issue raised by the rail- roads in the Alabama cases was not handled in the Los Angeles case, how ever, the commission does not believe it's orders will be affected.
 Boards Statement
 In memoranda the Alabama com mission made the following statement, in part:
 This case involved the validity of an order of the railroad commission of California against three trunk roads re- curing the construction of uniop passenger station in the city of Los Angeles. with the relocation of num- erous tracks through the city for that purpose, at an estimated cost of between twenty-five ana forty-five millions of dollars.
 This case was decided adversely to the railroad commission by the supreme court of California, and was carried thence to the United States supreme court by q writ of certierari. The opinion of the United States supreme court was delivered by Chief Justice Taft. The opinion reviews in detail the provisions of the federal trans portatlon act of 1920, relating to this subject. The court avoided any OK pression of opinion on the question Of the power of the states over the elimi- nation of grade crossings, which had previously been settled in another case. The only question dealt with by the court was whether the power to direct the building of new union station, with it's essential incidents, is com mitted exclusively to the Interstate Commerce commission under the trana- portation act of 1920.
 ''In dealing with this subject the court drew a distinction between the erection of large union station of this character, involving extensive reloca- tion of railroad tracks, and the build ing of new ones, and the expenditure of enormous sums of money, and the erection of local union stations. In this connection the court said: It may we'll be that mere relocation of a main track of an interstate carrier, which does not involve real addition to, or abandonment of, main tracks and terminals, or a substantial change in destination, does not come within the paragraphs 16 to 21.
 Up To State
 ''0ne might, too, readily conceive of railroad crossings or connections of in- terstate carriers in which the exercise by a state commission of the power to direct the construction of merely local union stations or terminals. without ex- tensions of main tracks and substantial capital outlay, should be regarded as an ordinary exercise of the police power of the state for the public convenience, and would not trench upon the power and supervision of the Interstate Com merce commission in securing proper regulation of an interchange of inter- state traffic or passengers. Only a lawful order of the Interstate Com merce commission would raise a ques- lion of the power of state commission EA such cases.''
 ''The effect of this decision is tOr clarify the issues relating to the proper division of authority as between the federal government and the state gov ernment, and apparently does not rep resent any departure from the priH, ciples in previous eases involving this general question"