Show t SOUTHERN PACIFIC CASE IN COURT Holding that the tho act of ot 1920 1320 virtually repeals the U Sherman act In so far tar as trust antl-trust anti law applies to tb the relations be- be b be between tween heen the Southern Pacific and at Central Pacific the sout Southern rn Pa- Pa Pacific P Pa Pacific attorneys have tiled lied a II bri willi Ith the United States circuit court courtat cou count courtat nt at St St Paul supporting the tote Inter inter ato commerce commissions commission's 0 or order der del authorizing the Southern P Pa Pa- PacifIc Pacific to continue to control the th Central Pacific flie fhe transportation act the brief bru recites gives the interstate com con commerce merce commission the power cr to t approve control o of one carrier by byI b I another It If found to be In tho the pub put public public lic tic interest and relieves the tho car car- carriers affected from the operation of of the federal anti antl antitrust trust laws and ani cC c all other restraints and prohibitions in m in so far as may be necea necessary necessary sary to enable them to do anything authorized or required under the thi act The decision of ot the supreme court the briet brief declares so far fai from be beta set aside or nullified by bythe b bythe the commissions commission's action has af- af at at not only the occasion but the force for tor subjecting the relations between the Southern Pa- Pa Pa and and Central Pacific to the terms and policy ot of the transportation t tion Ion act act so that the constructive of the problem which the order offers otters may well he be regarded as a direct effect of the successful outcome of ot the gov ov go government's suit n The effect of the commissions commission's order therefore so far tar from ren rendering darIng dering the successful prosecution of the thc government suit futile is to bring about a constructive solution I otherwise impossible The effect affect as expressly found by the commission Itself is to bring about in connection with transcontinental traffic a situation as adorable fa to tho public from a a traffic and sen service ice lee standpoInt standpoint as though the Con Cen Central Contral Contral Pacific were to remain free I from Southern Pacific control and andal at al the same time avoid the maui mani manifest fest feat public damage which would re re- result ro- ro result sult stilt from separation thus insuring insuring ing adequate transportation service Ith ith Justice Brandeis declared to tobe tobe tobe be the purpose of ot the transportation tion Uon act I IThe The brief brier concludes The mat mat- matter matter ter now before the court is a case caso a structure condemned as 11 j Il Illegal legal has since been legalized by subsequent legislation It is one where here the tho supporting statute upon whIch a suit sult Is la based has been re- re repealed re repealed pealed It It is the duty ot of the court now to render such auch a decree as It would render If it on February 6 1923 con con- congress congress gress gresa had repealed the Sherman law |