Evening star., 1909-05-04
interest was barred Of interstate trans
portation by the Hepburn act
Only Two Roads Own Coal.


OF the anthracite carriers only two--the
Delaware, Lackawanna and Western and
the Delaware and Hudson-have any d.
rect legal ownership in the anthracite
coal. Both these companies are author
lied by their charters to mine anthracite
coal and to transport it.
"All the other so-caled anthracite car
riers-that is. the Reading, the Central
Railroad of New Jersey. the Pennsylvania
railroad the Lehigh Valley. the Erie and
the New York, Ontario and Western
own stock in coal-mining companies.
THE decision establishes the legality OF
anthracite coal transportation by these
six last-named companies-that is the
transportation Of coal mined by compa-
nies in which they have stock interest
This leaves only the situation of the Della
ware, Lackawanna and Western and the
Delaware and Hudson to be practically
considered.
THE Supreme Court decides that the
prohibition of the Hepburn act does not
apply when title to a commodity. though
manufactured. mined or produced by a
railroad company, or under its authority.
has passed out of that railroad company
In good faith before the act Of .transPor-
tatfon begins
Selling Coal at the Mines.
The Delaware and Hudson company
as ] understand. at the present time and
for some time past, has been accustomed
to Sci its coal at the mines. Therefore
the prohibition Of the act. under the
decision Of the Supreme Court. would not
apply to it. 1t would apply to the Dela-
ware, Lackawanna and Western under
what understand TO be its present course
Of business, but 1t would seem quite ros-
sible for that company to adopt the prac-
tices of the Delaware and Hudson. or
equally possible for that company to
transfer its coal lands to another com
pany the stock of which can be held by
1t, inasmuch as It's coal lands are not
covered by any mortgage.
The grave consequences to the public
which would have ensued had the conteil-
tion OF the government been sustained.
viz, that all coal now transported by
these companies to states other u1an
pennsylvania. which was either mined by
them. as in the case of the last two men
toned companies, or mined by companies
in which any of them had a stock IN
terest. as in the case Of the other six
companies and indeed in some degree
with the last two. was Outlawed from in
terstate commerce, will not follow
THE public in other states than Penn
sylvania can count on receiving coal sub
stantially as heretofore A contrary de-
ciSion would have created a coal famine
in every state other than Pennsylvania
the like of which has never been expert
enced by the country.
"The whole country is to be congratu-
lated that the Supreme Court has put a
practical Interpretation upon this act
which, while conserving to its full ex-
tent the power of Congress to prevent
any discrimination in rates between coal
mined by railroad companies under their
charter rights or by coal companies in
which they have a stock interest, and
coal mined by so-called independent oper-
ators, does not prevent the free trans
portation out OF Pennsylvania into other
afabh hn. AA1<
a necessary of life, substantially as here
tofore.'