Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1909-05-06
"A MIXED DECISION
SUPREME COURT DECIDES BOTH
FOR AND AeAINsT
RAILROADS.
THEY MAY STILL MINE COAL
Rut Must Sell It Before shipment
Power Of Congress to Regulate
Atilrmed-How Roads
May EVade.

May 6NduS'
Washington, May At has been
many 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 rail-
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
magnifled. When again 1t 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 iound
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
in interest with the commodities
transported at the time Of transporta'
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
a legal sense. 1t was especially held
however, that the prohibition does not
apply to the ownership Of stock in q
producing company, but that carrier
may own stock in such a 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 a railroad COM
pany regardless of the fact that the
company has parted with them Is I'M
tenable and impossible Of enforce
ment. 1t 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 the
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-
listing 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 II SO
disposed congress might enlarge and
entend the scope Of the provision
Hence, while the railroads gain
practical victory the government Ii
not confronted by a constitutional bal
from further acting in the direction o.
control Of the roads in the matter o
the shipment Of their own commodi
ties.