The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-04-04
|N[R0AD5 OUT
|lF COAL. TRADE:
.,,n,e Courts Second Inter
prstatiOn Of "c'mm'di-
ties Clause
AuRE BENCH AGREES
4 WITH CHIEF JUSTICE
r,nment Officials Believe
| lriI Complained of viii
Now Be Remedied.

,su,yGToN. April S.-Thc com
c,ause" OF the Hepburn rate
,.,s-pre,ed two years ago by the
courl OF the United States was
..u ljfc today by that tribunal lii
Interpretation. So effective was
|-,orsiders,on OF the subject that
,,reu, officials predict that The evil
AK Be redemcdied 6nd railroads d.
= nom The coal business
q, lusiice White announced the de
- ,bc court. The entire rcIch
4 !, sl,h him. although OH lie pre-
co,Elds.ation Justice Harlan dis
!, sSrJ Justice took the position tAat
4 t.or copri had erred In refusing 10
4 Il. government TO amend It's orig
kiInou
| |.F1Fs that decision expressly he'd"
= d, chief Justice. In referring 10 The
RS holding o: The court. that stock
.r,5hip by a railroad company in n
q e. corporation. irrespective OF the
Ia Of such ownership. did not pre-
y, railroad company from transport
4, n commodi,y manufactured mined,
Zitsd OF Owned by such corporation.
1.a in that conclusion iorccloscd the
~ a the government 10 question the
"A a the railroad company 10 trans
4 & Interstate commerce Il commodity
/-.,r,ured. mined. owned or produced
tororation In which the railroad
= acCk and where the power OF the
~ company rs stakeholder was
En oblIlerate all distinctions between
tBe corporations.
Afairs Must Be Separated,
/rai is 10 saw. where the power was
ra in such manner rs To coDmiucle
s both as by necessary effect.
lese. such affairs practically undis-
T.shablc and therefore 10 cause both
kzllons to be ono for al purposes"
d tec!sloD Was summed III these
plnaoc 6e!d tha, while the right
n1roed company as stocfholGes
q La stock ownership for the pur
bona fide separate admins
.r,o! thcfaifairs OF n corporation In
i has stock interest may not
SIC. tic usc Of such stock owner
substance for the purpose OF de-
s1z The entirety Of producing. etc.
y',btn AMI o! commingllnG It's ar
slmnistratio with he affairs
abroad company so as to make
tg coTporaiions virtually one. brings
Iroad company within The prohibi-
VI commodities clause.
enc words. that by operation ard
~ the commodities clause. there
ny tasl upon Il railroad company
7Gs 10 carry interstate commerce
reNt OF The producing. etc. cor
-, ID whics il has ii stock interest.
IVY SUCH power so as TO virtually
lhaiiection that which the COM
cause prohibits. n duty which
suni1 b. violated ny the unncccs-
99lnlneling Of the affairs of the
n- company with its own so as
- Shcrn 10 be one and insepara-
"a Status of the Cases.
nspIt OF the decision. the lower
~ NOT allow thc government TO
Pelilion i'll the Lehigh Valley
as"' a different situation
- eslrd 10 the Erie. the Central
a ey and the Pennsylvania
& uses The government did not
s. ysne Wv 10 amend, considering the
ry suit trial case. The
rs. m oid ask the court To dismiss
~ ,.s,,al and Pennsylvania cases
@ Esuaice but this was refused
- E,.'Jult court dismissed the case.
mlnissll was todav approved by
<-rssle court. Ordinarily ihIs would
,n,,. government bringing new
ss,ins1 these railroads. Govern
fiSs. tonight expressed doubt as
n Iarthcr proceedings coulG he
Jr,.ar tne Erie. th. Central Of
tIesI., ana the Pennsylvania. but
i D ,n"..pon VIII be made with a
lk d,S;,,llng the action Ii possible.
Etos ,n,',nl reopens the fundamental
II ,iNea IN the original COM
W onnssG ease. said Wade Ellis.
Z ,sk, ah Tor tho government, i'm
= "a ro,,. me courts action.
~ Wy now holds that a railroad
,ab co,u, o,.uol lawfully transport i'm
N c,mn,nercc The coal Of a sub
q and NY, which belongs TO the
4 ~, "hicn is managed so as TO
q tsttsu' tsttu' IN good faith an JndcpenJent
: AZ, This Will correct the real
~ The commodities clause will
~ Ana VIII divorce the railroad
pTc,,L,o ,Lotipel Interstate carriers 10
: ~ ~ Tganized. =" "''iNi'
Aaon in Oklahoma Cases
n d In rit,.toi OF statehood was brought
toqri ii''lna h, today when the SUI
n ~ bot ~ suostaRce told tho state
\ fss trsf,, "" own law 10 regulate
u fednr.i ana freight rates and
gal" government.
>.-c. about a ,,n.,. a.,
ls we supreme court asl:irr a. 20
Y I'M, s.eiroads entering the old In.
Rdou from carrying LIQUOR into
cflren, me request was based on
!. s5.ii,,unts mat Oklahoma provided
y lhsro 'oh That liquor should not
"a. also declined to resirain tho
"a ftonp nt Santa f'c Railroad
saiiwa, ~ rslnS. on the Southern
= br.nt hnc. higher rate on
az rco plaster. brick, stone ana
:. colIri h", oil than Ia Kansas,
a ie iteIvb,' tiiat the regulation OF
~ ftiy for r,,.atcs rates Was now IL mat
y sar cIgslanoina 10 regulate.
n ,aeht b,, ',"n ,Sn was reached IN the
; Rock J.i @ slate TO cnjoin the
q agihs in ",aha anu d Pacific railway
. ,uianspor,. D,Ihlahoma Il higher rate
/; Kansas vi wheat Than was
y fsl judssocN~ refused TO cpioin
q etttaIndG an In Oklahoma from en-
~ sases uJirress frees they had issued
e between MOVING ,l,a I a conflict of
NC federal and state
/: { y i.s1,!ollty OF the Interstate
- sscided thn,n, The supreme court
u'ot forwarding agcncIn.;
u atinaed on paa. m.-