The Mena weekly star., 1909-05-06
FAVORS THE ROADS
FEDERAL SUPREME COURTS oE cIsIoN IN COMMODITIES CASE
 ExciTEs INTEREST.
MAY STILL OWN THEIR COAL MINES
Product, However, Must Be Disposed of Before 1t Can Be shlpped-oov- ernment Lost on Nearly All Points In controversy-consress Within It's Powers in Enactins the Law.


 It's Powers in Enacting the Law.
 Washington, May 5.-It has been many a day since decision of the supreme court of the United States has been received with so much inter est as was manifested yesterday in the decision of that court in what are known as the commodities clause cases affecting the antracite coal car rying railroads. These cases had been decided by the United States cir cult court for the eastern district of Pennsylvania. favorably to the raih roads in that the clause of the Hep burn rate law, which prohibits inter state railroads from carrying commo- dities manufactured, mined or pro- duced, directly or indirectly by the roads was declared unconstitutional and the general impression had been that that decision would be affirmed by the supreme court. When, there fore here was a reversal Instead of an affirmation, the interest was much magnified. When again It was found that the reversal was based on techni- cal grounds and that the effect was really favorable to the railroads senti- ment took another turn and those who had been anxiously awaiting the announcement of the result found themselves much puzzled.
 The judgment was announced by Justice White, who, while he read from an elaborate printed opinion. de- clined to give out anything more than a summary. showing the net result of the courts finding.
 Analysed Justice Whites decision is that congress did not transcend its constitutional authority in the enact ment of the commodities provision but on the other hand 1t was held that the government construction of the pro- vision had been entirely too compre- hensive. As construed by the court the sole object of the clause is to pre- vent carriers from being associated transported at the time of transportar ton. hence that the law only prohibits the transportation of articles when they have been produced by . railway company which has not. in good faith. parted with them. when the company owns or controls. In whole or in part the commodity to be transported and when the company has an interest direct or indirect in the commodity In . legal sense. It was especially held however. that the prohibition does not apply to the ownership of stock in a producing company. but that carrier may own stock in such company and at the same time transport the product of that company.
 Summed up. the act only compels companies to disassociate themselves from the products they carry and the contention from the government that the law applies to the ownership of stock and prohibits the transportation Of commodities simply because they have been produced by railroad com pany regardless of the fact that the company has parted with them is un- tenable and impossible of enforce ment. IL thus appears first that the commodities clause is vital and operative statute with respect to all products. such as coal. which the rail- road companies actually own at the time of transportation and that tho railroads must sell such products to some body else before they can law fully ship them and second that unless the act is promptly amended So as to include stock ownership. the railroads can escape the law entirely by con- verting their direct ownership of coal properties into stock ownership by the organization of subsidiary coal com panies.
 The effect of the decision under ex- isting conditions is favorable to the railroads and the government lost on practically all points except in the sustenation of the principle involved. In holding that congress had not gone beyond its authority in enacting the law the court comedies the right to legislate and 1t is believed that if so disposed congress might enlarge and entend the scope of the provision. Hence, while the railroads gain a practical victory the government is not confronted by a constitutional bar from further acting In the direction of control of the roads in the matter of the shipment of their own commodt ties.
 Talked Suffrage In London.
 London, May 4.-Some 300 delegates to tho International Woman Suffrage Alliance attended yesterday after noon's service at St. Pauls Catherdal. where Canon Scott Holland preached convincing sermon in favor of wom- an suffrage. Last evening the Rev. Anna Shaw delivered an eloquent ad- dress on the same subject from the pulpit of the Kings Weigh house chapel to large and appreciative aud fence
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 Want Flowers at Owens Chapel.