Daily press. [volume] (Newport News, Va.) 1896-current, 1908-09-11
conmotiIIes Clause Held UaconslI'
lu!Ioba| By Circuit Court, One Of
Three JUDGES CisssDltg,
BENEFITS The Anthracite ROADS
Almost Certain Government Will Ap-
peai-Judse Gray Delivers Chief
Ooinion, Which Declares Clause
Drastic, Harsh and Unreasonable
and Invasion Of States Rights.
(By Associated PresS).

(By Associated Press).
PHILADELPHIA, PA, Sept. 10
Declaring it to be drastic and unreas
enable and an invasion OF the rights
Of the states. and therefore repuGnan'
to the constitution. the United State
circuit court for the eastern district
of Pennsylvania today dismissed the
suit of the federal government to en-
force the commodities clause Of the
Hepburn railroad act against the An
thracite coal carrying railroads of this
State.
Judge George Gray, and George NJ
Dallas. filed opinions dismissing tho
suits and Judge Joseph Burlington dis
sented. but did not file an opinion
TIL, commodities clause prohibits rail-
road companies to transport in inter
state commerce any article OF conf
modify manufactured. mined or pro-
duced by them or under their authorI
ty. A penalty not to exceed 5000
is provided for each violation.
The case was argued in June. Unit
ed States Attorney General Bonaparte
delivering the principal argument for
the government. The effect of the
commodities clause if constitutional
would b to confine the mining OF an
thracite Goa! by tho railroads for use
in PENNSYLVANIA Only. or compel the
railroads to sell all the mining proper
ty they are interested in, either direct
ly or indirectly.
1t is almost certain that the case
will b. appealed directly the the Unit
ed states Supreme court.
The principal opinion was written
by Judge Gray, who as president OF
tla anthracite strike commission. has
an intimate knowledge of the mining
of hard coal and Of the many ramih
cations in the ownership of The Goa
mines Judge Dallas said in his
opinion THAT it cannot be denied that
the commodities clause was enacted
mot actually for the regulation OF IN
terstate commerce. but really to coerce
the conformity Of Interstate business
with a policy approved ty Congress.
Judge Grays Opinion.
Judge Gray in his opinion discussed
at great length the Limitations put up
on Congress by the contribution and
concluded as follows:
From every point of view which
we have been able to approach the
question, the unreasonatleness an
consequent invalidity Of this so-cnllec
commodities clause is apparent. u
invades the rights Of the state D!
striking down the liberty hitherto in
nocently enjoyed by its citizens undS
the laws and usages of the common
wealth to engage in interstate com
merce to the fullest extent. as TO al
harmless articles. whether owned q
not owned By the carrier. and deprive!
Of their property these defendants
contrary to the letter and spirit o
the fifth amendment TO she cons'itu
ton II the enactment in question
he warranted by the commerce claus
of the constitution il is hard TO set
what bounds may be set to exercise o
that power. II will inGScd be- an opeI
door through which the forces Cfs;
Capitalization hitherto unknown ma!
enter at will to the overthrow Of tina
jus; balance between federal and STATE
power for which tn makers Of ih'
constitution so wisely provided. as al
essential TO 'the preservation Of on
dual form of government.
We confinc ourselves IN the con
crete facts prcS"ntcd by the Pleading
in these cases ami intimate 70 opiaiol
either way as 10 the cases vhcr'
property has b"cH acquired u the car
riers subsequent To the passage of rh'
art. For the reason stated. thfrcforc
thcsr bills In cquity are dismissed an
the pct ition for wTiis nf mandamus o.
tn. law sid. Of this court arc dcDi'd.
Judge Gray says the Fundamental
and underlying question Is whc'hc
IN. so-caIlcd commodities clause. -
far as its Scope applies by IN Univcr
salty If its Language ~ ia" case
here presented. ~ rXcoSs Of tho i"gi7
Iaiivc auiisoriiv granted 20 Cungrr"
~ thr constitution.
This question. the opinion say
must 10 considered With r'GFr"nc" &
tho constitution * whole. and u
relation IN the concrete facts 81 III
several eaSrz. u Is therefore nrc"s
sary To keep In mind tho situation n
presented Ivy these d"fcndsHis. th'
farrs st for tn IN their individual
answers. aud tho relevant iudHSiris
conditions. witch. being NATTER o