Morris tribune., 1908-09-12
COURT DECIDES
ACT is INVALID
Commodity Clause Of Hep
burn Law Illegal.
AIMED AT Big COAL LINES

AlMED AL Blu GUAL Lines
Statute Provides That 1t Shall Be I'm
lawful for Any Railroad to Trans
port From One State to Another
ANY Article or Commodity Manufae-
tured, Mined or Produced by 1t or
Under Its Authority.
Philads alpha, Sept. 1.-THE COM
kodities clause of the Hepburn rail-
road act was declared to be unconsti-
tutionaI by the United States circuit
court for the Eastern district of Penn
sylvania. Judges Gray and Dallas
agreed in an opinion covering seventy
i've typewriter pages that the clause
Ss unconstitutional. Judge Burlington
dissented, but did not file an opinion.
The commodities clause provides
that after May /, 1908, it shall be I'M
lawful for any railroad company to
transport from one state to another Or
to any foreign country any article or
commodity manufactured, mined or
produced by it or under it's authority,
directly or indirectly, except such art
5eaes Or commodities as may be neces-
eary for its use in the conduct of it's
business as common carrier. The
clause exempts timber and its manu-
featured products and is aimed par
ticuIarly at railroads owning coal
mines.
The case was argued on June 16 and
" before Judges George M. Dallas,
George Gray and Joseph Burlington.
The railroad companies involved were
The Jersey Central, the Lehigh Valley,
the Erie, the Delaware, Lackawanna
and Western, the Delaware and Hud-
son, the Pennsylvania and the Phila-
delphia and Reading. Ninety per cent
Of all the unmined anthracite coal in
Pennsylvania belongs to these cor
porations or to coal companies whose
shares are held by them. The Phila-
aelphia and Readings case was not
argued along with the others because
of certain questions of law involved in
it's ownership
The commodities clause case was
considered SO important that Attorney
General BOnaparte came to this city
and personally made the principal ar
gument in behalf of the government,
ether addresses for the government
being made by L. Allison Wilmer and
ID. G. Spelling, special assistants to
the attorney general. The general
counsel for the railroads were John
G. johnson of this city and R. w. de
Forest of New York, who were assist
ed by the legal stats of the railroads
interested.
Plead inability to Obey Law.
Prior to the clause going into effect
the anthracite coal carrying roads
went before the interstate commerce
commission and declared that they
could not comply with the clause with
Gut making great sacrifices 1t was
pointed out that because of the then
existing financial stringency the COM
ROAlSS COuAu 1LOL Q1S pO0W W IhCl1 SodA
properties except at tremendous loss
and they further declared their con-
Viction that the clause was unconsti-
tutional Thereupon the government
agreed not to enforce the clause until
a decision was had upon the law
points involved in it's constitutionality.
The department of justice then filed
bill in equity upholding the govern
ment's contention that the clause was
constitutional The railroads in their
answers to the governments com
plant gave seven chief reasons why
the clause was repugnant to the Con-
stitution, among them being that it
was confscatory, discriminating and a
prohibition and not a regulation that
it deprived the railroads of ''liberty
and property and violated a right
reserved to the states.
The interstate commerce act pro,
Vides penalty not to exceed $1,000
for each violation of the clause Dur
ing the argument it was contended by
shipped in violation of the clause
could be construed under the act as
an offense and as the .Lehigh Valley :
railroad ships daily 1900 cars of an
thracite in interstate commerce that
railroad under such an Interpretation
would be liable to fine of $4,000, 900
each day.
Government viii Appeal.
Washington, Sept 11.-Acting AttorA
new General Russell, in commenting