The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1909-05-06

In interstate from being as
ISOLATED in interest at the time Of
transportation with commodities trans
ported. and therefore the commodities
MES engaged in interstate
from transporting such commerce
commodities under the following cir
cumstances and conditions:
Some Exceptions.
(A) When the commodity has been
manufactured mined or produced by q
railway company or under its au-
thority. and at the time of ~transporta-
ton the railway company has not in
good faith, before the act of Transport
%tation, passed with its interests in such
commodity; OBJ When the railroad
company owns the commodity to ba
transported in whole or in part: Co
when the railway company, at the time
OF transportation, has an interest, di-
rect or indirect, in a legal sense in the
commodity, which last prohibition does
not apply to commodities manufac-
tured. mined, produced, owned, etc, by
the corporation by Il railway COM
pany is a stakeholder in such corpora
ton. Such ownership of stock in a pro-
dncing company by a railway com
pany does not cause it. as the owner of
the stoick, to have Il legal interest in
the commodity manufactured, etc, by
the producing corporation.
Third-As thus construed the COM
modities clause is a regulation of ON
merce within the power of congress to
enact. The contentious deliberately
deliberately argued for the railroad
companies that the clause, if applied to
pre-existing rights will operate to take
property of railroad companies and,
therefore, violate the due process
clause of the fifth amendment, We're ali
based upon the assumption that the
clause prohibited and restricted in con-
nection within the construction hich
the government gave that clause and
for the purpose OF enforcing which
prohibitions these suits were brought.
The Timber Exemption.
AS the construction which the gov
placed upon the act and seeks
to enforce is now held to be unsound
upon are applicable to the act us now
construed because under such con-
Stfuct1on the act merely %cnforces a reg
ulatton of commerce by which carriers
are compelled to dissociate themselves
from the products which they carry and
do not prohibit. where the carrier is
not associated With the commodity car
ried, it follows that the contentious on
the subject of the fifth amendment are
without merit.
Fourth-The exemption as to timber,
etc, contained in the clause is not re-
pusHdnt 10 the constitution.
Fifth-The provision as to penalties
is %separable from the other provisions
of the act. AS no recovery of penalties
was prayed, no issue concerning them
Is here presented. 1t will be timo
enough to consider whether the right to
recover penalties exists when an at
tempt to collect penalties is made.
Sixth-As the construction now given
the act differs so widely from the con-
SIructlOn Wllcl the pOVerDInnpf xya va 70
the act and which it was the purpose
OF these suits to enforce. it is held that
1t is not necessary, in reversing and re-
manding, to direct the character of de-
crees which shall be entered. but sim
ply TO reverse and remand the case
with directions to enforce and apply the
statute as 1t is now construed.
SeNenth-As the Delaware & Hudson
company is engaged as "a common car
rler by rail in the transportation of
coal in the channels Of interstate COM
merce it is the railroad company with
in the purview OF the commodities
clause and subject to the provisions of
that clause as they are now construed.