The Waterbury Democrat., 1944-12-26


 highest court of land on behalf of the people of his state is un- precedented, but the case is im- portant and of general interest for a number of other reasons:
 Cases in which the Supreme Court accepts original jurisdiction before a lower court has taken action upon them are extremely rare.
 If the Supreme Court accepts jurisdiction and hears the case, its decision may well break new ground in deciding the place of a state in the national economy and the states rights in protecting its citizens.
 INVOLVES CASE AGAINST AZ WESTERN ROADS
 In hearing evidence on whether it will accept jurisdiction the Su- preme Court must necessarily hear evidence on the case itself and in making it's decision the court will determine the law applying in the Department of Justices pending suit on behalf of the Federal Gov- ernment against the Western As- sociation of Railroads, charging AT lines with conspiracy to fix rates and suppress technological de- velopment.
 This is vne biggest suit ever filed under the antitrust laws and the largest case of any kind in which American railroads have been in- volved.
 So important is the Georgia case to the Federal Government that on Dec. B the Department of Justice is scheduled to file with the Su- preme Court brief seeking per- mission to enter the case as friend of the court. Granting of this re- quest might mean that Attorney General Francis Riddle would argue the case as joint counsel with Gov- ernor Arnall. Development of the case is, however, entirely Governor Arnalrs idea as is the plan to petition the Supreme Court to ac- cept original jurisdiction.
 This will not be Governor Arnalrs first appearance before the Su- preme Court, nor is it the first time the State of Georgia has appeared before the Court as complainant, two historic cases having paved the way for the present action. In 1907 the State of Georgia won a Supreme Court decision over the Tennessee Copper Company in 8 case seeking to enjoin the company from spreading injurious fumes. That set precedent for an action in 1882 in which Ellis Arnall, as state attorney general, won Su- preme Court decision in the case of Georgia vs. Evans, the state be- ing awarded triple damages under the federal antitrust laws.
 THE DOOR IS OPEN
 TO ALL STATES
 The decision in this latter case left the door open for any state as a person to bring suit for triple damages under the antitrust laws. which is one phase of the forth coming action of Georgia against the railroads
 All the legal aspects of this suit are too complicated for the layman to understand. Over-simplifying the basis of the suit is that the State of Georgia, its ports. its com- merce and its citizens are discrim- mated against and injured by freight rates arbitrarily determined by the Southern Freight Associa- ton.
 AS an example, it is cited that the freight rate from Alton, Ill., to Savannah, Ga, is $239 per 100 pounds while from Alton to Ball. timore, Md, six miles farther by rail, the rate is $169 per 100 lbs. This inessence is the time-hon- ored issue of southern rail rate discrimination.
 A decision In Governor Arnal's case might go long way towards getting 1t settled and, at the same time, settling the economic future of the south.