UNITED STATES SUPREME COURT DECISIONS ON-LINE

1. Affidavits filed in support of an application for a temporary injunction cannot be considered in determining whether the complaint states facts sufficient to constitute ground for relief. P. 283 U. S. 253.

2. The complaint, attacking as unconstitutional two Arkansas statutes regulating the size of freight train and switching crews, fails to allege facts sufficient to distinguish this case from others in which this Court has sustained the same laws. Chicago, R. I. & P. Ry. Co. v. Arkansas, 219 U. S. 453; St. Louis & Iron Mt. Ry. Co. v. Arkansas, 240 U. S. 518. P. 283 U. S. 254.

3. A purpose to prevent the exertion of the police power of the states for the regulation of the number of men to be employed in freight clubjuris

Page 283 U. S. 250

train and switching crews will not be attributed to Congress if not clearly expressed. P. 283 U. S. 256.

4. Congress has not prescribed, or empowered the Interstate Commerce Commission to fix, the number of men to be employed in such crews. P. 283 U. S. 257.

5. The Arkansas statutes in question are not in conflict with the Railway Labor Act. P. 283 U. S. 258.

42 F.2d 765 affirmed.

Appeal from a decree of the District Court of three judges dismissing a bill to enjoin the enforcement of statutes regulating the size of freight train and switching crews.