| Show FEDERAL CONTROL TO BE GIVEN TEST i j I Constitutionality of State Inter I Commerce Laws Tried in hi Courts ANN ARBOR ROAD DEFENDS Government Sues for Through Violation of Safety SafeS Safe Safe- S ty ly Appliance Rules Toledo O. O March 30 One of tin lii important questions ever raised In its the l of A American in el i I rig was vas presumed to I J Judge lob Kob- ci ort t W. W Taylor in inn the States Slates ills ills- t- t today In a er C filed In itt the case cane i list the Ann Arbor toad It is I Inc Ilio question the tue railroads of the country are aiu subject to 0 control is by lie tho feden al government or sun by individual states state or both under the lie pies Mit Intel state commerce laws Itu is Suit was Hied against time the Ann Arbor road mad some time ago apo liy by the goVern goVern- s to collect 5 00 In li lies s because lie tho railroad Is alleged to have the federal safety appliance ap zip- lows Ians it having been specifically ly sol set up tutu that tint tin November I 16 t last two l I flu nil i us Ins were hIi U lisl from ih Michigan iga ii points to Toledo on which tin the percentage per iso of jt cars equipped with brakes by Isy the lie locomotive i was only 57 7 7 1 l that wider under the lie United States laws al at least 75 T per cent of sit tine the rats cars be so equipped arid and In iii this his Instance hunu the lie averted a only lund the lie brakes out of twenty twenty- line unc cais Suit Stilt Is a Test Cate Cac A Alexander Smith fur for the lie theAnn Ann Arbor road today flied Hied a de- de lull rn-eu- rn alleging that lie tho nets acts of if c s and anisi time the proceedings of ut the lie Interstate stuie Commerce commission under un Un- der which the suits were tiled lied aL' aL arc not inot nota a St regulation of the lie om- om within the c of it that clause of the lie constitution or of he United States power upon tipoti to regulate among the state cind me unconstitutional anti and void S 5 Al Mr n Smith as admitted time the demurrer Is Isa Isn n a test teal CHi case and anni by tho Cur Cur- of federal control a tie tic Ja Js sought sought- |
