OCR Text |
Show INTERSTATE BOARD OPINION IS DIVIDED Illinois Central E-ailroad Declares Commission Com-mission Is Trying to Usurp Powers of Court. "WASHINGTON, Feb. HO. The interstate inter-state commerce commission held today in a divided opinion that it and not the courts has original jurisdiction in a case where there is an alleged failure on the part of a railroad to furnish cars to tiie extent requested bv a shipper. The Illinois Central had denied the jurisdiction juris-diction of the commifsion in a case involving in-volving two coal companies and argued that the cjuestion was one for court determination, The opinion held that a carrier must do more than provide itself with sufficient suf-ficient equipment for tho slack period of coal production and must assume the burden of explaining or excusing its failure fail-ure to furnish ears. Commissioner Clark wrote a dissenting; opinion, in which Chairman Harlan and Commissioner Clornents concurred, holding that the question of requiring a carrier to provide pro-vide itself with additional facilities or respond in damages for failure to do so was essentially a judicial ono and not within the power of the commis-eion. |