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TEXAS v. EASTERN TEXAS R.R. CO.

Nos. 298 and 563.

258 U.S. 204 (1922)

42 S.Ct. 281

66 L.Ed. 566

STATE OF TEXAS v. EASTERN TEXAS RAILROAD COMPANY ET AL. STATE OF TEXAS ET AL. v. UNITED STATES, McCHORD ET AL., CONSTITUTING THE INTERSTATE COMMERCE COMMISSION, ET AL.

Supreme Court of United States.

Decided March 13, 1922.

Attorney(s) appearing for the Case

Mr. Tom L. Beauchamp, with whom Mr. C.M. Cureton, Attorney General of the State of Texas, Mr. Bruce W. Bryant and Mr. Walace Hawkins were on the briefs, for appellants.

Mr. E.B. Perkins, with whom Mr. Daniel Upthegrove and Mr. E.J. Mantooth were on the briefs, for appellee railroad companies.

Mr. Solicitor General Beck for the United States, in No. 563. Mr. Robert P. Reeder was on the brief.

Mr. Walter McFarland, with whom Mr. P.J. Farrell was on the brief, for the Interstate Commerce Commission.

Mr. JUSTICE VAN DEVANTER delivered the opinion of the court.

By § 402 of the Transportation Act of 1920, c. 91, 41 Stat. 456, 477, several new paragraphs were added to § 1 of the Act to Regulate Commerce as theretofore amended. Paragraphs 18, 19 and 20 are copied in the margin.1 By them Congress has undertaken to regulate the construction and acquisition of new or additional lines of...

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