The sun., 1908-06-06
suit TO TEST HEPBURN LAW
ANTHRACITE COAL ROADS ARE
ATTACKED BY BONAPARTE.
Prosecutions Against Six Railway Com
panies, Alleging Violations Of the Com
modify Clause, Begun Yesterday In the
United States Court In Philadelphia.

phnleS, Alleging tlOinuOnb Ot inc COW-
modify Clause, Begun Yesterday In the
United States Court In Philadelphia.
PHILADELPHIA. June 5.-Proceedings to
test the oonstitutionality OF the commodity
clause Of the Hepburn act. which provides
that all railroads must sever their connection
with all other business except that Of COM
mon carriers. were begun in the United
States Circuit Court to-day by the fling OF
bills in equity by the Government against
six railroads engaged in transporting
anthracite coal in interstate commerce.
The defendant companies are the Phila-
delphia and Reading. Delaware. Lacka-
wanna and Western. the Delaware and
Hudson. the Pennsylvania Railroad Com
pany. the Erie and the Lehigh Valley.
The papers were filed by Assistant United
States Attorney General A. Allison Wilmer,
acting for Attorney General Bonaparte.
The bills set forth that the defendant
companies, by conveyances and leases
made long before the first day Of May, 1905
upon which date the Hepburn act became
operative), held anthracite coal lands and
coal mines in the State and had an interest
in the coal mined and being mined there
from since the first Of May and that these
mines are now being operated under the
authority Of the defendants.
1t is further set forth that the defendants
are the owners Of the entire capital stock
Of the coal companies named in the bills
and that they thus control and have been
controlling the election Of the directors or
managers Of these subsidiary concerns
and that by virtue Of the ownership Of the
entire capital stock of the coal companies
and the management of them by certain
officers of the defendants the mining of
anthracite coal is being carried on under
the authority Of the railroads
1t is also asserted that the product OF
these mines since May 1 has been
loaded at the mines upon the cars Of the
defendants for transportation in inter-
state commerce and transported over
the roads of the defendants from the State
Of Pennsylvania by continuous carriage
across the boundary line into New York,
New Jersey and other States for sale
and delivery at markets in those States.
and that large quantity Of this coal is
not necessary and intended for the use of
the defendants in the conduct Of their
business aS common carriers.
1t Is alleged that there is thus failure
to comply with the act approved June 20.
1907. which prescribes that:
From and after May 1, 1908, it shall be
unlawful for any railroad company to
transport from any State, Territory or the
District Of Columbia to any other State,
Territory or the District of Columbia, or
to any foreign country, any article or
commodity other than timber and the man
ufactured products thereof manufactured,
mined or produced by it or under it's au
thority. or which it may own in whole or
in part or in which it may have an interest
direct or indirect, except such articles or
commodities as may be necessary or in
tended for its use in the conduct Of its
business as a common carrier"