Bridgeton pioneer., 1908-09-17
.D|C VICTORY
FOR COAL ROADS
Hepburn Commodity Clause De-
clared Unconstitutional.
GOVERNMENTSBILL6IsMIs

Judge Gray Declares Commodities
Clause Of Rate Measure Throws
Open Door to the Power Of Con.
tralixation Hitherto unknown-cor-
gress Can't Destroy a Business In
Which the Railroads Are Profitably
and usefulIy Engaeed-Judse Buf.
fnaten Diseents.
Philadelphia, Sept. lin an opin-
ion handed down in the United States
circuit court, Judge Gray dismisses the
application for a bill in equity sought
by the government in the suit which
was instituted several months ago by
Attorney General Bonaparte against
the anthracite coal roads to test the
constitutionality of the commodity
clause Of the Hepburn act
This clause prohibits all railroads
from transporting in interstate COM
merce any commodity owned or pro-
duced by it, with the exception of
lumber. A decision in favor Of the
government would compel the anthra-
cite coal railroads to divorce them
selves from the coal companies which
all of them own or control.
The decision handed down by Judge
Gray, which consumes seventy-five
typewriter pages, supports the con
tention made by John G. johnson at
the hearing last June to the effect
that the commodity clause in except
ing lumber from the provisions of the
act is discriminative and represents
the extreme Capitalization of federal
power.
In emphatic terms Judge Gray de-
clares:
From every point of view from
which we have been able to approach
the question the unreasonableness and
consequent invalidity of this so-called
commodities clause is apparent. 1t
invades the rights Of the state by
striking down the liberty hitherto in
nocently enjoyed by it's citizens under
the laws and usage of the common
wealth, to engage in Interstate com
merce to the fullest extent, as to all
harmless articles, whether owned or
not owned by the carrier, and deprives
Of their property these defendants,
contrary to the letter and spirit of
the fifth amendment to the constitu-
ton
"If the enactment In question be
| warranted by the commerce laws of
the constitution. 1t Is hard to see what
bounds may be set to the exercise of
| that power. 1t will, indeed, be an open
door, through which the forces of the
Capitalization hitherto unknown may
enter at will, to the overthrow Of that
just balance between federal and state
power, for which the makers of the
| constitution so wisely provided, as an
| essential to the preservation of our
| dual form of government.
I'VE confine ourselves to the con-
| crete facts presented by the pleadings
in these cases, and intimate no opin-
ion either way as cases where prop
| erty has been acquired by the car
| riers subsequent to the passage of the
| act For the reasons stated, therefore.
these bills in equity are dismissed and
| the petitions for writs Of mandamus
| on the law side of this court are de-
MED"
Judge Burlington, Of Pittsburg, dis
sented from the majority opinion, but
filed no opinion of his own.
This decision does not affect the
Philadelphia & Reading railway, how
| ever, as at the beginning of the hear
ing Attorney General Bonaparte an
| nounced that the suit against the
Reading would be tried separately
since the organization of that COM
pany presents situation entirely diff
ferent from that of the other railroads