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UNITED STATES v. PENNSYLVANIA R.R. CO.

Nos. 340, 341.

242 U.S. 208 (1916)

37 S.Ct. 95

61 L.Ed. 251

UNITED STATES AND INTERSTATE COMMERCE COMMISSION v. PENNSYLVANIA RAILROAD COMPANY. UNITED STATES, INTERSTATE COMMERCE COMMISSION, ET AL. v. PENNSYLVANIA RAILROAD COMPANY.

Supreme Court of United States.

Decided December 11, 1916.

Attorney(s) appearing for the Case

The Solicitor General, with whom Mr. Robert Szold was on the brief, for the United States.

Mr. Joseph W. Folk for the Interstate Commerce Commission.

Mr. Charles D. Chamberlin and Mr. David Wallerstein filed a brief for the Crew-Levick Company.

Mr. John G. Johnson and Mr. Thomas Patterson, with whom Mr. Henry Wolf Bikle and Mr. F.D. McKenney were on the brief, for the Pennsylvania Railroad Company.

By leave of court, Mr. Charles W. Atwater and Mr. Samuel B. Clarke filed a brief in behalf of the Sterling Salt Company, as amici curioe.

MR. JUSTICE McKENNA, after stating the case as above, delivered the opinion of the court.

The question in the case is, Has the Commission the jurisdiction exercised by the order? It is not denied that the Commission has power over the general equipment of a carrier, but it is denied that it has power to require "vehicles of a special type having no reference to the safety of transportation," and to this distinction the argument of counsel for the railroad company...

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