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Supreme Court — Part 5
Page 31
31 / 77
10 Texas et al. va. The United States et al.
Congress had in view and had constitutional power to accomplish.
As that purpose involved the promotion of economy and efficiency
in interstate transportation by the removal of the burdens ef ex-
cessive expenditure, the removal of such burdens when imposed
by state requirements was an essential part of the plan. The State
urges that in the course of the passage of Transportation Act,
1920, a provision for federal incorporation of railroads was struck
out. But while railroad corporations were left under state
charters, they were still instrumentalities of interstate commerce,
+ foA 1 shies Fat
“nd, as such, were subjected to the paramount federal obligation
render the efficient and economical service required in the main-
tenance of an adequate system of interstate transportation.
Colorado v. United States, supra.
The decision in International & Great Northern Railway Co. v.
Anderson County, 246 U.S, 424, is not opposed. Apart from the
fact that in that case the state court had found, upon the verdict
ofa jury, t that the maintenance of the offices and shops at the place
at which the predecessor of the plaintiff in error had contracted
to maintain them, did not impose a burden upon interstate com-
merce—a finding which this Court found no reason to disturb
(id., pp. 433, 434)—the case arose prior to the enactment of
Transportation Act, 1920, and the question here presented was
not involved.
mi. t.. —
The decree dismissin:
the we
_ H of complaint is affirmed
£ Ine Du OL COmpialny 18 anirmed,
Decree affirmed.
A true copy.
Clerk, Supreme Court, U. 8.
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