Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-09-11
WILL APPEAL THE CASE
Action Proposed on PhiIadeI-
phia Court Decision.
GOING TO SUPREME COURT
Intention Announced by the Attor.
ney General.
C0NFERs WITH THE PRESIDENT
Commissioner Clements Expresses
Hope That Clause May
Be Rectified.
GOING TO SUPREME COURT
CONFERs WITH THE PRESIDENT

OYSTER BAY. September l1.-While
Attorney General Charles J. Bonaparte
was In conference with President Roose-
welt yesterday afternoon the report of the
decision rendered in Philadelphia by the
United States circuit court that the COM
moditieS clause of the Hepburn railroad
act is unconstitutional was conveyed to
the Presidents home by the Associated
Press The news was carried to the Presi-
dent and the Attorney General, and they
took up the matter. After the discussion
they came to the conclusion that the De-
partment of Justice should take an appeal
Mr.. Bonaparte, as he was departing for
New York. was asked whether he had
any statement to make regarding the de-
cision. He replied that he had none eX-
cept that he would take steps to appeal
He would say nothing about what the
President had said In regard to the de-
cision.
Commissioner Clements Comment.
The action of the Philadelphia court
created wide interest at the interstate
commerce commission and the Depart
ment Of Justice. Interstate Commerce
Commissioner Judson c. Clements who is
in charge of the commissions offices, eX-
pressed the hope that the decision rests
upon some durable defect in the language
of the clause. He said:
Il do not know the grounds upon which
the clause in question is held by the
court to be unconstitutional. I cannot.
therefore, discuss the decision except to
say that | trust it is not upon the broad
ground that Congress has not the power
TO prohibit carriers engaged in interstate
commerce from carrying their own prod
ucts in competition with their patrons.
So long as this practice is permitted the
temptation to discriminate is ever present
and too strong for resistance. The indi-
rect methods of discrimination are numer-
GUS and past finding out i'm many in
stances until they have done their deadly
work. 1t has been overwhelmingly shown
that the practice has resulted in intolera-
Die consequences
The spirit of the decision of the SUI
preme Court of the United States in the
Chesapeake and Ohio-New York. New
Haven and Hartford railroad case does
not seem antagoniStic to the idea that
Congress has the power to prevent wrongs
or this character by removing their cause
l trust it will be found that the decision
rests upon some durable defect in the
language of the clause and not upon the
ground that Congress has not the power
by proper legislation to destroy a practice
which has resulted and must continue to
result in such gross wrongs.
Rule of Procedure.
In ordinary cases an appeal would lie to
the United States Court of Appeals but
section of the act of February H. 1903,
provides that in every suit in equity
pending or hereafter brought in any cir
cult court of the United States under any
of the acts regulating commerce wherein
the United States is complainant an APP
peal from the final decree of the circuit
court will lie only to the Supreme Court
of the United States.
In Senator knoXs term as Attorney
General an act was passed upon his
recommendation providing for expediting
cases of this character. This act approved
June %. 1905. provides for eXpediting such
cases and assigning them for hearing at
the earliest practical day. and it is de-
clared that they shall have priority of
hearing and determination by the Su-
preme Court of the United States over all
other except criminal causes.
Acting Attorney General Russell in the
absence of any specific information of the
subject said he had no doubt that an ap-
peal will be taken within the sixty days
provided by law.