New-York tribune., 1908-06-17
COAL ROADS HEARING
Suit WM Determine Constitution
aLtg of Commodity Clause.

Philadelphia June ia legal contest to determine
the constitutionality the commodity clause OF
the Hepburn act passed by Congress was begun IN
the United States Circuit Court here to-day, when
arguments made in the proceedings instituted
by the government to restrain seven coal carrying
railroads from transporting anthracite coal from
mines in Pennsylvania in which they interested
TO points outside the state The government was
represented in the proceedings by Attorney General
Bonaparte and two special assistants. A Alhsoh
Wilmer and T. c. Spelling. The interests of the
railroads looked after by a host of prominent
lawyers headed by John G. Johnson OF Ph1iaoei-
phia, and Robert ". De Forest, OF New YORK
Judges Dallas Gray and Burlington were on the
bench
The defendant companies the Pennsylvania
Reading. I4ehigh Valley. Delaware. Lankawanna &
Western. Central Railroad of New Jersey. Erie
and Delaware & Hudson.
Mr.. Johnson opened the proceedings by stahns 10
the that all cases. with the exception OF
that of the Philadelphia & Reading would be ar
gued to-day. He understood, he said, that OWING
TO a difference in the aspect of the case OF the
Reading the government was not ready To-Day 10
proceed with that
After the court had assented to the arrangement
Mr.. Wilmer opened the argument on behalf of the
government. He said the introduction OF the clause
into the Hepburn bill due to discrimination
against coal company by railroad In West VIZ
gina in not permitting the construction or a sWllci
to facilitate the transportation of the coal COM
pany's product Mr. Wilmer declared that the
prime object OF the present proceedings was TO op-
tain a judicial construction OF the clause He said
the two companies that the direct owners OF
mines are the Delaware & Hudson and the Del
aware. Backawanna & Western. The latter COM
Iany admitted the governments allegations, he SAID
Mr.. Wilmer then proceeded to show that, although
the Delaware & Hudson company admitted It was
e gagged in the mining of COAL it denied that 1t was
within the meaning of the act, as its organization
made it a mining company and not a railroad com
pany Mr. Wilmer then took up each OF the oihs Oh
complaint and explained in detail each allegation
against the defendants.
Mr. Wilmer was followed by Mr.. Spelling, who
said that the contention OF the Delaware LacKa-
wanna & Western Company that 1t transported
coal primarily for its use, and sold only such
as it did not use not adequate defence in
that ii die not state how much it used and how
much 1t sold.
The time has now come" he said, when the
government must do something TO abate this great
evil. The people of the country are clamor1ng for
relief from the trust, and their pleadings can
no longer be ignored"
Mr. De Forest opened for the defendants. He
limited his the facts Of the case and the
practical effects of the law if constitutional He
said that he surprised at the attitude OF the
government counsel, Mr.. Spelling, who tried to
wave the red flag alongside the Stars and Stripes
Continuing he said Mr. Spelling in his address had
declared that "the government had the power 10
stop every railway its tracks" Mr. De
Forest remarked that railroads did not believe
this possible under the safeguards of the Consttu-
ton.
Mr.. De Forest will close his argument tomorrow.