The Washington times., 1908-09-11
Says Decision on Commodity
Clause Is of Vast
Importance.
HOPES FOR SUCCESS
IN SUPREME COURT
Bases Expectations on Decision in
Similar Case, That of the
G. & o.

Il do not think the Importance OF the
ultimate decision with reference TO the
constitdtiOnaliJy of the commodity
clause can be oYerestimated, said Com
missioner Judson Clements, OF the In
terstats Commerce Commission. today.
Il am not inclined TO crlticise any
court" he continued, especially before
read the decision in full. but / am in
hopes that soma way may be found 20
preserve the commodity clause in the
Hepburn act. / feel hopeful tfat Il
may be upheld by the Supreme Court,
where 7 presume the case veil -. az
this was regarded as test case all
along
The Supreme Court. in its declsicn
in the Chesapeake and Ohio matter. de-
cllned 10 permit discrimination some
what similar TO this. For this reason, I
am hopeful that the decision of the cir
cult court may be reversed and this
very important act saved.
c. & o. Case
Discrimination that permits the ST.
fling Of competition. that gives one man
or group of men the advantage over
another man "a marketing his product,
has never been upheld by the Supreme
Court Of the United states. That court
in the Chesapeake and Ohio case, Il will
be recalled, held that although there
was no specific law to permit the road
from buying coal along its line aud
selling IT, that the general interstate
commerce act did forbid Determinations
and the cutting Of freight rates.
''The road admitted, IL viii be re-
called, that it sold coal at destination
~
freight rates regularly obtained. but
made the technical point that 1t was
nObody's business If coal was sold by
them at a loss.
The only hope of ref.edying the sit
uatiOn as IL centers about the commOd-
ity clause, affecting as il does partic-
ularly the coal-Operating railroads OF
get clear under the entire matter and
remove the motive for such operations.
A general law must be made TO apply.
rather than attempted prosecution Ia
individual cases.
Small Miner Crowded Out.
The small land owner may be crowd
ed out year after year until finally he
sells. Perhaps his father and his grand
faher before him has been endeavoring
TO obtain facilities to remove his coal
Coal Is worthless. practically. so long
as il is in the ground and the railroads
refuse to move it or afford the facilities.
There are a number OF excuses which
may be offered which makes individual
actions against the road both expensive
and difficult. The shortage Of cars. in
sufficient supply. the expensiveness Of
building the track-these and similar
excuses may be offered, and the small
miner has neither the time nor money
to night each one through the courts.
Importance Of Clause.
1T IS for this reason that the COM
mission would impress upon the public
the paramount importance Of the com
modify clause which prohibits railroads
carrying from one State to another
their own products to the discrimination
Of other dealers who have Just as much
right to market their product
4 do not care 10 discuss further the
opinion itself, other than to say that
we hope TO have the act eventually
saved and We are led to hope along
this line on account OF the decision Of
the highest tribunal upon a some what
analogous QuestioE-the Chess peake and
Ohio operations. Perhaps the Supreme
Court can advance the case, as Is fire.
Quently done in cases or considerable
Importance, as this undoubtedly IS"