New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1908-09-11
COAL ROADS WIN SUIT
ON COMMODITIES CLAUSE.
Circuit Court Declares 1t Repug
nant to Constitution.

sbe Eastern District of Pennsylvania to-day dis
missed the suits of the federal government 10 en-
force the commodities clause of the Hepburn ran
road act against the anthracite coal carrying ran
roads Of this state Judges George Gray ana
George NJ Dallas fled opinions dismissing the SUITS
and Judge Joseph Burlington dissenteo' LUZ u'u "0'
file opinion -, or,
The commodities clause forbids railroad com
o,,as "a TRANSPORT in interstate commerce any art
Gle or commodity manufactured mined or proouee0
by them under their authority Inc case ,
argued in June. United States Attorney oehet '
Fsonaparte delivering the principal argument ioi u
--r,ert The effect ot the commodities clause.
II constitutional would be TO confine the niile %
anthracite coal by the railroads 10 that ireo IoI
use in Pennsylvania only, or compel the raiiio s
10 sell all the mining property they are "'''
In either directly indirectly =,
.r7,a abroad co7Ylranies involved are the Cenuai
IF New Jersey the Lehigh Valley the Err '
Tee,svare Iackawanna Western the Dela"at
15uason tie PENNSYLVANIA and the Phllaoeipnia
Reading Ninety per cent of all the uniiieu o.
+tcg,e coal in Pennsylvania belongs TO these COT
rrcrations or 10 coal companies whose Shaie re- O.
held t,v them The decision Of the court oiu iA0'
come great surprise ,so c.rav
,bo as r,esident Of the Anthracite Strike CohlilS
sion has an intimate knowledge oil 'He il,l'iie
hard coal and Of the many manifestations IN u'e wv"
ership Of the coal mines
-1ryvADFS THE RIGHTS OF THE STATE
Tn his opinion he discussed at great length tne
end concluded as follows;
ran ,,er,. noint Of view from which We have been
IL 80 s1rroscl the question. the unreasoiisIi
and consequent inVaIlaIg % II inIsdes the rights
OF the state by striking down the mpeeg the laws
and 1sages Of the ooInmonwealh to engage IN IN All All
ferstate coIIlllesc betbeT owned or owned by
The carrier and deprives of their propesLS9 - IT,
gFtb a-oensrnent 10 the Constitution If the enact
1nent in question be warranted by me see What
f111ffO
Sn1nds may be sci the expenditure OF that pow
n % o pdee n If hitherto unknown may
enter will. TO the overthrow 81 tha Co. ich the
makers Of the Constitution SO wisely 9i f
an essential TO the preservation OF our uu"i vim
Of government ,.. ~ Grant
Ample as IS the scope Of legislative power grant and
ssr as the Su3rere Court has undoubtedly gone
e 9binl II NAV be safely said that assertion OF
his power hitherto. by Congress. has been SO ia1
5Iz9dIai liberty and property rights enjoyed under
the constitution and laws OF sI'e Ho TO he de-
Tried that the right TO carry in interstate
Is mined or produced by them or under their au.
ahority. by coal companies IN when nc u. .ney c+ ip
,,1fesfion a lawful right these defendants: that
,or ~1 d;snnte5 bv tie common statute law Of
pennsylvania: that 1t was most lmpoI TAM phi PLY
srty right the enjoyment and exercise o. ,Ii1l
WAS neither criminal immoral and sub1ect Only
no any camon or statute law Of the state by the
then existing statutes Of the Unlteo SIarTs, r.
n any el5 manner and to any extent whatever they
ssNe 4s7 or otherwise made amenable to the
legal penalties in such behalf ~lthout tI,
and usefuily engaged.
LAWFUL. BUSINESS MADE UNLAWFUL
To these defendants thus innocently and law
yuly engaged transporting coal which tneE
sbe circumstances hereinbefore set forth, comes
this act Of Congress and declares 1hat t inns exeT
else Of a vested right of ownership, Whleh .ass
, no under the belief that ordinary
right of property enjoyed l1noceIs pH ea i snrb
IS crime. and punishable as such Inao nat 'h ms
course. dispose of the question of power on the
part of Congress to enact it The frs' IiqG III
sslation is a regulation OF commerce withlR me
true meaning Of the commerce clauses OF 'Ne
We may assume. therefore, that the commerce
general doctrine that unlimited power mas no
place in A. ell fererne4tai 1S nropeTI that
are secure against hostile legislative action. .
In the opinion of this Court the enactment In
question is not regulation of commerce, within
the proper meaning Of these WORDS as and
therefore not within the power granted by that
We confne ourselves TO the concrete facts pre-
scented by the pleadings in these cases; ana tm,l
property has been acquired by the carriers sub
s9geR ata fe the hfTeo these bills in equity
dismissed and the pett9ps for wits ts Se
WHAT CONGRESS CAN DO
Judge Dallas in his opinion says that he fully
concurs in the foregoing opinion. and the little
now 10 be added intended merely to accentu-
ate my acceptance of il
Continuing he says:
The prohtbitory intent of the piece of legislation
under consideration is too plain for dlsavowal
and the suggestion that what II PROMPTS rs MOI
interstate commerce, but interstate transport
by railroad company Of commodities when II
has produced etc IS deiGslEe- me gues t{ o If
whether the carriage from state 70 STATE VI
coal produced by the carrier is inttTslaIe ooii
r1erce for il is; but whether, DelIG a
health or morals, and which, therefore, any one
Is entitled pursue AS OF right Congress may
restrict railroad company interstate i
zion to coal mined owned by it, and In which
81 has interest. Any such restTictlon Whatestr
st may ne called IN It's nature ahd eIecI Is IIs
crinlnative prohibition; and that the restrictive
- re Tegr5lation of interstate commerce. but
really coerce the conformity of intrastate busl-
practically TO be admitted. and could not, with
Nc court has authority under the guise of in
depreciation 10 change the Constitution for the
5resenf conditions and the covert tendency OF any
usurpatfon Of any such authority would inevitably
bowers which the Constitution established. into
government with all power vested In It's leglsia-
The Inclination sometimes manifested to cen
n rTea measure. no doubt from the apparent
expediency Of committing TO 1t the correction OF
] SO readiiv redress: but the achievement of
presently desired end. however salutary. can JUS
rant us F Fba IEErited states IS written in
s+rnnent not progressive development and the
often quoted epigram that Constitutions are not
made but grow" should not apply 10 it.
The effect Of the decision OF the stock market
vas Instantaneous and resulted in sharp bidding
m OF the shares Of the carrying roads. Read
ing on large transactions. rose above lSZ, Erie
common crossed 81 and Pennsylvania, Baltimore IL
Ohio Delaware & Hudson and Ontario q western