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Show KM CAM F DISTRIBUTE CARS IdVion of the United States Supreme Court Is Far-Reach-f. in? i Effect. I SlLROADS MUST FURNISH I SERVICE TO ALL SHIPPERS p . P?" " Irorite Method of Indirect f Discrimination Is Given Its Death Blow. in i KVASHINGTON, Jan. 10. The United ties supreme court today handed down 'decision sustaining the power of the (erstate Commerce commission to regu- the distribution of railroad cars ans coal companies. The decision Is iprded by the government as most Implant, Im-plant, and 11 Js expected to have an lm-riant lm-riant bearing on tlic rate cases to bo etd by the court. In announcing tho decision Justice tote considered two objections to the legation of power to tho commission, je first being that no such delegation ii bctn made by the Interstate corned corn-ed law In tho matter of the dlstrlbu-w dlstrlbu-w of company fuel cars ns a means of tftrence and undue discrimination, and t second being that oven if such power lo'uld be delegated, the order Issued by e court below was beyond the authority cferred by the law. ' Objections Not Sustained. The first objection, he said, rested on e erroneous assumption that commerce. The constitutional sense, embraced only foment In a technical sense, and did ft therefore extend to carriers engaged Interstate commerce. !'It may not be doubted." ho said, "that (equipment of a railroad company cn-rjtd cn-rjtd in Interstate commerce. Included which are its coal cars, arc Instructs Instru-cts of such commerce. "From this It necessarily follows that h cars are embraced within the gov-umcntal gov-umcntal powers of regulation, which tends In time of car shortage to com-Mog com-Mog a just and equal distribution and t prevention of an unjust and discrlml-tcry discrlml-tcry one." OP the second contention. Justice White H: "The construction with the Inter-ile Inter-ile commerce act had necessitated nnd remedial character of an amendment ?t?d In 190G, all served to establish twant of merit In the contention. In dftlon, to ndopt It would require us to Id that congress, in enlarging the er over rates, had so drafted the lendmcnt us to cripple and paralyze power in correcting abuses ns to prc-tnces prc-tnces and discriminations, which It a the great and fundamental purpose iCo:igrc.s to further." I Vital Points Involved. Is the suit was originally instituted by aols Centra! and other railroads In the 20ls coal fields, the courts were asked enjoin the enforcement of the Intcr-le Intcr-le Commerce commission's order as it piled to the distribution of the fuel ol foreign railroads, private cars of m shippers, as well as tho cars cm-?ed cm-?ed by the initial railroad companies nsclves in hauling their own fuel. rho United States circuit court of the thorn district of Illinois sustained the emission In regard to tho llrst two ises, but granted an injunction rc-.--.Jlnlng the enforcement of the rcgu-tl rcgu-tl !Jon with reference to the company-f company-f med cars. This, therefore, was the 9 s point Involved In today's dochjlon 2ji 8, on that point the supreme court re-t re-t rKI the trial court, in addition an-s, an-s, flncing In broad terms Its support of P. power of the commission in the mat-it mat-it :i ifs The cases of tho Baltimore & Ohio rall- id company versus the Pltcalrn Coal L epany. Involving a complaint of un- Ml distribution of cars among Indc- (dent coal operators in West Virginia. technically decided In fuvor of the tMhwid company In that tho decision of ris';l'nlt."d States circuit court of appeals .mSihn fourth circuit was reversed. This gaWon. however, was taken only on tho SXwnd that the complaint should have sMm mailn originally to tho Interstate 'Jfcnmeree commission Instead of to the :fcwtg. |