The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1911-04-05

]
state commerce a product OF the pro-
ducing, etc, corporation in which 1t
| has stock interest, not to abuse
such power so as TO virtually to do
| by ndirection that which the COM
modities clause prohibits. duty
which plainly would be violated by
the unnecessary commingling Of the
affairs of the producing company
with its own so as to cause them to
be one and inseparable.
Judge Ellis Statement.
This decision reopens the funda-
mental questions involved in the orig
inal commodities clause case" said
Wade II. Ellis, special counsel for
the government in discussing the
courts action.
The court now holds that a rail
road company can not lawfully trans
port in interstate commerce the coal
of subsidiary company which be-
managed so as not to make not in
good faith an independent corpora
ton. 1t will divorce the railroad bus
mess from coal business"
Reverts to Lower Court.
| AS a result of the decision the low
er court will now allow the govern
ment to amend it's petition in the Le-
high Valley case. A different situation
arises in regard to the Erie. the Gen.
trail of New Jersey and the Pennvyl-
vania. In those cases the government
| did not ask for leave to amend, con-
sidering the Lehigh Valley suit test
case. The government did ask the
court to dismiss the Erie, Central and
Pennsylvania cases without prejudice,
but this was refused and the circuit
court dismissed the cases. This dis
missal today approved by the spu-
preme court. Ordinarily this would
preclude the government bringing
new suits against these railroads.
Government officials tonight express
ed doubt as to whether further pro-
Erie and Pennsylvania, but an ad-
mission will be made with a view to
renewing the action against them if
possible
Oklahoma Decisions.
The burden of statehood was
brought home to the state of Okla
homa today when the federal supreme
court in substance told the state it
was to look hereafter to its own law
for the regulation of the liquor traf-
fic and freight rates, and not to the
United States government.
The state about a year ago filed
an original petition in the supreme
court asking it to enjoin the rail
roads entering the old Indian Terri
tory division from carrying liquor
into that section of the state. The
request was based on the require
ment that the state of Oklahoma pro-
vide in its constitution that liquor
should not be sold there. The su.
preme court said today that the state
should go into the state courts to en-,
join the railroads under the state
law il it desired.
Railroad Injunction Released.
The court also declined to restrain
the Atchison, Topeka and Santa Fe
Railroad company from charging on
the Southern Kansas Railway COM
pany's line higher rate on the trans
portation of lime, plaster, brick, stone
and crude and refined oil, because
congress, before the admission OF Ok
lahoma into the union, had provided
that the rate on this line should not
be greater than that charged in Kan
sas. But the court held that the reg
ulation of interstate freight rates was
now matter entirely for Oklahoma
to regulate
Must Use State Courts.
A similar decision was reached in
the suit brought by the state in state
courts to enjoin the c.. r. !. & p,
Railway company from charging in
Oklahoma higher rate for the trans
pCrtation for wheat than was charged
/ in Kansas
The court likewise refused to en-
join the federal judges in Oklahoma
from enforcing certain DEGREES they
had issued in liquor cases, involving
a conflict of authority between the
federal and state courts. The court
held that. in view OF its right to re-
view the cases on writs of certiori, it
would not enjoin the judges.
Patent Medicine Case.
The attempt to put the ban on cut
rates" in proprietary medicine in
this country today received the nm