The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1911-04-04
Hepburn Law
Held Valid
Commodity Clause Constitutional, De.
elares Supreme Court In
Decision.
DIVORCES RAILROADS
FROM COAL BUSINESS
Governor Harmon Appears Before
Court In c. G. o. Case Affect
Ing w. Va. Coal Field.

WASHINGTON, d. c., April g.
The commodities clause" OF the Hen
burn rate law, interpreted two years
ago by the Supreme Court OF the
United States into what was common
ly snpposed TO be an impotent group
OF words, was given new life today
by that same tribunal in a second in
depreciation. So effective was the re-
consideration Of the subject that gov
ernment officials tonight predict that
the evils sought TO be corrected bv
the Legislation will now be remedied.
and the railroad business henceforth
divorced from the coal business.
The commodities" clause made IL
unlawful for a railroad TO TRANSPORT in
interstate commerce any commodity
produced by IL, or in which II might
own or have any interest, with certain
exceptions. The government sought
TO reach under the law a number of
railroads carrying anthracite coal from
Pennsylvania.
Law Constitutional.
The Circuit Court of the United
States for the Eastern district of
pennsylvania pronounced the law IN
constitutional. The Supreme Court OF
the United States reversed the lower
court holding the law constitutional
as construed. Tho cases were re-
manded for further proceedings.
Chief Justice White to-day an
nounced the decision OF the court. The
entire bench agreed with his state
ment, although on the previous con
sideration OF the case Justice Harlan
Gissented from the judgment OF the
court
The Chief Justice today took the
position that the lower court had erred
in refusing to allow the government
to amend its original petition. He re-
terred TO the refusal as an absolute
abuse OF discretion" He said, how
ever that the abuse was obviously
occasioned by a misconception of the
character or the action OF this court
ana the scope OF the mandate"
woman won victory in the Su-
preme Court when that tribunal de-
clded tnat her right in community
property. recognized under the civil
Jaw In force In the Southwestern
states, was something more than a
rlsht that began when II ended" The
court held In a suit over the title To
a tract OF land in Dona Ana comfy
New Mexico. that Adolpho Lea did not
N-N AAfHAAN W NWMNtN his lnnu TO
another without his wife Joining in
the transfer.
Oklahoma Case.
The burden OF statehood was
brought home to-day 10 the State Of
Oklahoma when the Supreme Court.
In substance. told the state that Il
was 20 look hereafter 10 IT'S own law
Tor the regulation OF the liquor traffic
ana freight rates. and not 20 the Fed
eral government The State. anout a
year ago. filed an original petition IN
the supreme Court. asking II % en-
Join the railroads entering the old In
dian Territory from carrying Houor
into that section Of the State. The
supreme Court said to-day that the
State should 20 into the State courts
70 enJoin the railroads under the State
law. n n is desired.
Harmon Addresses Court.
For about a minute to-day Governor
Harmon. OF Ohio. addressed the SUI
preme Court of the United States.
lie submitted. on behalf OF the Chesa.
peako q Ohio Railway Company n re-.
quest that the court review the find
Ing Of the Circuit Court OF AppeaIs OF
tcoutinuod on Ninth Pags)