Ceredo advance. [volume] (Ceredo, W. Va.) 1885-1939, 1909-06-09
LAW A DEAD LETTER
fAR-REAcHiNc EFFECT OF SU.
PREME COURT DECISION.
Under Ruling Just Made, Railroads
May Easily Evade Compliance
with the Hepburn law-con-
oress Must Now Act.

The decision rendered by the SUI
preme court on the commodities
clause" of the Hepburn railroad rate
law leaves the way open for wholesale
evasion, by the interstate common
carriers. Of the provision of the fed
eral statute which forbids the trans
portation OF commodities produced by
such corporations and not intended for
their own use. That is the practical
effect of decision which appears, on
the surface, to have Just the opposite
bearing upon common carriers and
their interests. outside of their natural
and proper field.
The clause OF the Hepburn law
which was partly sustained and in
part invalidated was intended chiefly
TO prevent determinations between in
dependent shippers and the common
carriers handling their own coal. in
the anthracite regions of Pennsylvania
There the railroads had long been
great producers of coal, and they
naturally favored their own mines in
sending coal to market Other mine
owners and shippers were subjected
to much less favorable conditions. The
scandalous determinations brought
about by these extensions of the bust
ness OF common carriers had been the
subject Of discussion, and the Hep
burn law was universally commended.
Now, while it is upheld in theory il
is virtually killed, as far as practical
results go The supreme court has
ruled that the law is sound in forbid
ding the transportation by railroads
OF commodities, not intended for their
own consumption. which the railroad
companies produce. But the court has
also held that the law goes too far in
| forbidding the interstate common car.
riers from owning stock in corpora
lions the products of which are sent
to market over their lines. 1t is pro-
vided, in the decision, that the out.
side companies shall be such as are
organized and operated In good faith
This loophole is all that the rail
roads can desire. 1t leaves the way
open for the practical extension OF
their activities into many fields. Their
heavy stockholders can organize out
side corporations the products OF
which will go to market over the rail.
roads interested and then sell their
stock, wholly or except for a small
interest. to the railways. The lawyers
will find 1t easy to arrange such de
tails.
The fatal difficulty is that the SUI
preme court has acted on the assump-
ton that the common carriers will
meet the spirit of its decision. which
is sound and reasonable TO the lay
mind, in candor and good faith. What
is sure TO happen. in some cases, at
least, Is systematic and far-reaching
evasion OF the intent of the court s
ruling
In the end. congress and the SUI.
preme court will be forced to action
which will do the work the Hepburn
law was intended to accomplish. II
will be necessary to devise effective
means of keeping the great common
carriers out of business in lines which
bring them into competition with other
producers and shippers over their
tracks. There is no other way to in
sure fair play, except, indeed, by gov
| eminent. regulation carried much
| farther than the country has thus far
been willing to go.-Cleveland Leader