Louis Brandeis

“ The federal and the state statutes are directed to the same subject-the equipment of locomotives. They operate upon the same object. It is suggested that the power delegated to the Commission has been exerted only in respect to minor changes or additions. But this, if true, is not of legal significance. It is also urged that, even if the Commission has power to prescribe an automatic firebox door and a cab curtain, it has not done so, and that it has made no other requirement inconsistent with the state legislation. ”

“ The question whether the Boiler Inspection Act confers upon the Interstate Commerce Commission power to specity the sort of equipment to be used on locomotives was left open in Vandalia R. Co. v. Public Service Commission, 242 U.S. 255, 37 S.C.t. 93, 61 L. Ed. 276. We think that power was conferred. The duty of the Commission is not merely to inspect. It is also to prescribe the rules and regulations by which fitness for service shall be determined. ”

“ The glare of the flame when the door is open practically blinds the fireman for a time.
The purpose of the cab curtain is to protect engineers and firemen from the weather during the winter season. The Wisconsin act made it unlawful to use-
'between the fifteenth day of November and the first day of April of each year any locomotive engine not equipped with suitable and approved cab curtains. Such curtains shall be so constructed as to efficiently enclose the openings between the engine cab and the water tank or coal tender attached to such locomotive engine. ”