Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1908-09-11
Federal Tribunal in PhiIadeI-
phia Decides Against Con-
tentionS of Government in
Coal Roads Case.
ENACTMENT DECLARED
HARSH, UNREASONABLE
Repugnant to Constitution and
in Violation of States Rights
Appeal to Supreme Court tO|
Be Taken,


w uNOIlt
IBy Morning journal Special Leased WlreI
Philadelphia, Sept. f3.--DecIaring it
to be drastic, harsh and unreasonable,
and an invasion of the rights Of the
states and therefore repugnant to the
constitution, the United states circuit
court for the eastern district of Penn
sylvania today dismissed the suits of
the federal government to enforce the
commodities clause of the Hepburn
railroad act against the anthracite coal
carriers of this state, Judges George
GRAY and Coorrc NJ Dallas filed opin
ions dismissing the suits and Judge
Joseph Burlington dssented but did
not file an opinion The commodities
clause prohibits railroad companies
from transporting, in interstate com
merce, any article or commodity man
ufactured, mined or produced by them
or under their authority The case
was argued in June, United states At
torney General Bouapartc delivering
lhe principal argument FOR the gov
ernmcnt The effect of the commodi-
ties clause. if constitutional would be
to cOnfine the mining Of anthracite
coal by the railroads for use in Penn
sylvania only compel the railroads to
sell all mining property they are inter
estod in either directly or indirectly
If is almost certain that the case
win no anneaIed directlv to tho limited
States supreme court
The nrincipaI opinion was written
by Judge Gray who as president of the
anthracite strike commission has an
intimate knowledge of the mining of
hard coal. and of the MANY ramifica-
tions in the ovncrsbin of the coal
mines Judpe Dallas said in his onin-
ion that II can mot he denied that +ho
commodities c1ausa was enacted ..not
actuaIIv for mo requ1ation of inter
state conp,orca hu+ roolt,. to coarcn
tho conforp,ft,, or fntrastato businoss
with a .nolic,' annro,,ad b,-. ,onoress "
Tudpo GRAY in his oninion discuss-
ed At prcat length tho limitations nut
npon congress NV the constitution ana
concluded as foi1ovs
"Icron .,,.r,, noint or ,ia,y which
we have becn ahIe to annroacb the
question tbo uproasona bIareee and
ronsoouop+ in,t,lidi+,. Of +bie eo-..,lIed
commodities c1ause' is annarsr. r.
fuv7dce tbe RIGHT. of tho sta. b,
.,ttiLiuo dou.r tb. tibort,, ,bitbo,.., il,
noccntIv onioyad nv if. citizens undor i
the laws and usaer. nf the common
wealth I'm or.,a,,a i'm interstate com .
,.,,.. "7,9 u , /
harmless articles whether ou.nad ar
not Owned hv tho carriar and do,,rived
of their nronart, tboso dcrendsnty !
contrary to Tho iott.r and snirif of tho |
fifth amendment to tho constitution
If the enactment I'm question no war
ranted nv tbc co,nnorre clause of tho
constitutior ~ is b,rl e., sao u-b.t
bounds mas, ha sot ~ tbo a,arcis. of
that nouor u,iIi irdo,l no ..,, o,,on ,
door tbrou-b ,rhich no forc.s of .or-
tralization 6itb..t. ,,,,l,,,ou,, ,,,a,. on
ter st win 70 ,h, ..,...r+,,r,,,.. of tbgt
inst bal,r,,. b,.t,,.o.,, fo1,,.,I nd st.,t,
povar for Which a.. ,,,.,t,ar. of tho
constit,tio, eo r.is.I,. rro,.i5o1 ae an
essential 70 tho ,,rassr,.,tfon af am,
dual r,,.,,, 80 ,-..,..i..,.,,.,,,
w, ,o,,si,,,. ,,,,.s.I,..,.. -, ~. ,..,,
rrsto fact. ,,,oy,.,,t.,5 h.. +b., -,Io,,,i,,,-.
in tb,e. ,,s,... ,,,,4 ~, mimic,
either ,,..,. o. 80 - ~, n,a
pro,cr,,. b.. -, -, a. -.
riars snhsoo,,o,,+ r., ~. ,...s.,-,. ,.e a..