Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-05-04
COMMODITIES CLAUSE
IS CONSTITUTIONAL.
Its Validity Is Upheld by United States
Supreme Court---RaihoadS Cannot
0wnCommodities They Transport.

was not on account of that provision dis
criminative. On this point he said
IF we lend our ear to those questions,
even if they were four-fold more onerous
than is suggested, we might hear them.
They involve the question of power, and
under the grant of power to regulate COM
merce we know of no provision of the
constitution by which the contention of
the government can be maintained"
There was but one dissenting opinion.
1t was by Justice Harlan, and is was very
brief. He said
las those cases are now determined
wholly on a construction of the parts of
the Hepburn act here in question: and as
Congress- if it sees fit. may meet this con-
struction by additional legislation, I con-
tent myself simply with an expression of
ECn-concurrence in some of the views eX-
pressed by the court as to the meaning
and scope of the act. In my judgment the
act, reasonably and properly construed
according to it's language, includes within
it's prohibitions anX railroad company
transporting articles or commodities if at
the time it legally or equitably owns
stock-certainly if it so owns a majority
of all the stock-in the company that
mined, manufactured or produced the ar
ticles or commodities being transported
by such railroad company
Washington. May BIN view of the fact
that there are differences in the time in
which the various commercial agreements
with foreign governments under the Ding
ley act expire after notice of intention to
terminate is given, some consideration is
being given by the tariff trainers in Con-
gress to legislation which would provide
for the termination of all at the same
time.
The longest of these agreements contem-
plate that d years notice of intention to
terminate must be given, whereas in the
case of France, Bulgaria and Switzerland
a simple notice of the intention is all
that is required.
Washington, May 3.-Claiming that
the principle commended for by the gov
eminent was sustained by the supreme
court OF the United States in it's opinion
rendered today in the Commodity
clause" case, Attorney General Wick
ment tonight, interpreting the de-
cisions he unf"-'-'""ds it:
Mr. Justice Whites statement in an
ncuncng the opinion of the supreme court
in the commodities clause case is, in eff
feet. that a proper construction OF So
called commodities clause is that it pro-
lihits the transportation by railroad COM
I,a,1ies only of commodities owned in
whole or in part by such companies at
the time of transportation and that it
does moi prohibit them from transporting
commodities manufactured, mined or pro-
duced by them previous to such transport
tation, which are not owned by them at
the time of transportation. and further
that it does not apply to transportation
of commodities owned by other corpora
tons i'll which the transporting railroad
company has a stock interest. although
Congress has the power to extend the
prc hbition to the last mentioned cause if
it shall see fit to exercise it."
The recognition of the power of
Congress to extend the prohibition to
commodities mined. manufactured or
produced by company in which the
carrier is a stock owner. makes 1t pos
sible for Congress by further leSisla-
ton to prevent an evasion of the gen
eral prohibition of the statute which
might otherwise be resorted to. In
other words. as ] understand the opln-
ion it is to the effect that the question
whether or not Il carrier is prohibited
from transporting goods which it has
produced or owned, depends upon
whether it owns or has an interest in
them at the time of transportation. If
it has then the commodities clause
prohibits the carrier from so trans
porting Although that ownership is
only the indirect interest resulting
from owning capital stock of a corpor-
alton which owns the goods, that fact
does not operate to prevent 1t from
transporting.
The decision does not sustain the
tull contention of either the govern
mcnt or the carriers says Mr.. Wick
ersham 1T adopts Il construction of
the statute different from that con-
tended for by both the government and
tho carriers. 1t. however. sustains the
principle Ccnttnded for by the govern
mont that Congress has power To pro
hihit a carrier from carrying on com
petition with other shippers c"mmo-
dities which the carrier owns or in
which It is interested. 1t operates at
once to prevent any carrier from so
transporting any commodity which 1t
owns at the moment of shipment and
it confirms in Congress power to eX-
tend that prohibition to the carriage
of commodities owned at the time of
shipment by corporation in which the
carrier has a stock interest"