The Chanute times. [volume] (Chanute, Kan.) 1897-1913, 1908-09-18
DECLARED ILLEGAL
COMMODITIES CLAUSE OF HEP
BURN ACT KNOCKED OUT
BY FEDERAL COURT.
DECISION BY JUDGE GRAY
The Clause Declared to be an Invasion
of State Rights by Striking
Down Liberties of Citi-
zenS,

Philadelphia, Sept. 11.-The com.
modities clause of the Hepburn rail-
road act was declared to be unconsti-
tutional Thursday by the United States
circuit court for the Eastern district
of Pennsylvania.
The commodities clause constitutes
the fifth paragraph of the first section
of the interstate commerce act, 1t be-
ing one of the amendments made by
the Hepburn railroad act of June 20,
1906. The clause provides that after
May 1, 1908, it shall be unlawful for
any railroad company to transport
from on estate to another or to any
foreign country any article or COM
modify, manufactured, mined or pro-
duced by it under it's authority, direct
ly or indirectly, except such articles
for it's use in the conduct of it's bust
ness as a common carrier.
The clause exempts timber and it's
manufactured products and is aimed
particularly at railroads owning coal
mines
1t is almost certain that the case
will 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-
tons in the ownership of the coal
mines. Judge Dallas said in his opin-
ion that it 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 interstate business
with policy approved by congress-"
Judge Gray in his opinion discussed
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 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 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 deprives
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 con-
stitution so wisely provided as an es-
sential to the preservation of our dual
form of government.
: 1--WE confne ourselves to the con-
crefe facts presented by the pleadings |
in these cases and intimate no opinion |
either way as to cases where the prop |
erty has been acquired by the carriers |
subsequent to the passage of the act |
For the reasons stated therefore, these |
bills in equity are dismissed and the |
petition for write of mandamus on tho |
law side of this court are denied"
oyster Bay, N. Y, Sept. 11.-While
Attorney General Charles j. Bonaparte
was in conference with President
Roosevelt Thursday afternoon the re-
mort of the decision rendered in Phil
adelphia Thursday by the United
States circuit court that the commo-
dities clause of the Hepburn railroad
act is unconstitutional was conveyed
to the presidents home by the Asso-
ciated press. The president and at
torney general, after a discussion,
came to the conclusion that the
United States department OF JUS
lice should take an appeal. Mr..
Bonaparte, as he was departing
for New York, said that he
would take steps to appeal. He would
say nothing about what the president
had said in regard to the decision.