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.

IBy Morning Journal Special Leased Wirel
Philadelphia, Sept i0.-Declaring 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
sylvana 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 George NJ Dallas filed opin-
Joseph Burlington dissented, 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 Bonaparte delivering
the principal argument FOR the gov
ernment 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
ested in either directly or indirectly.
II is almost certain that the case
viii be appealed directly to the United
States supreme court.
The principal 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 ownership of the coal
mines. Judge Dallas said I'm his Opin-
ion that 1t can not be denied that the
commodities clause was enacted mot
actually for the regulation of inter-
state commerce, but really to coerce
the conformity Of intrastate business
with a policy approved by congress. "
Judge Gray. in his opinion, discuss
ed at great length the limitations put
upon congress by the constitution, and
concluded as follows:
From every point of view which
we have been able to approach the
question, the unreasonableness and
consequent invalldity of this so called
commodities clause is apparent 1t
invades the rights of the sta'n, by
striking down the liberty hitherto in
nocently enjoyed by its citizens under
the laws and usages 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 deprived
of their property these defendants
contrary to the letter and spirit of the
fifth amendment to the constitution
If the enactment in question be war
ranted by the commerce clause of the
constitution, it 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 cen
tralization hitherto unknown may en-
ter 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 pleadlngs
In these cases and intimate no opinion
either way as to causes where the
property has been acquired by the car.
riers subsequent to the passage Of tn,
act For the reasons stated therefor
these bills in equity are dismissed and
the petition for writs Of mandamus
on the law side of this court are de.
MED"
Judge Dallas, In his opinion, says
that he fully concurs in the foregoinl
opinion and the little now to be addet
H. intended merely TO accentuate my
acceptance of IT," Continuing he says
The prohlbitory intent of the piec,
Of legislation under consideration Il
too plain for disavowal and the sug
gestion that what It prohibits is no
Interstate commerce. but lnterstat,
transportation by a railroad compan!
Of commodities which II has produced
etc, Is deusive. The question is no
whether the carriage from state L
state of coal produced by the CARRIE
IS interstate for Of course It is. bu
whether being a kind OF commerc
which is not lnlmlcal to safety, healtl
or morals. and which therefore an.
one Is entitled to pursue as of right
congress may restrict railroad com
pany's interstate transportation Of Goa
not mined by II and In which II ha
no interest. ANY restriction, whateve