| Show HEPBURN RATE lAW UPHElD BY COURT I Commodities Clause of State Inter Commerce Ad Act of 1906 Approved Approved Ap Ap- Approved Ap- Ap proved by S Supreme preme Judges While Law Is Held to be Constitutional Court Does Not Concede the Contentions of the G Government Gov GOV- v- v as as to Its Scope Washington That That the commodities ties clause of or the Ule Interstate commerce commerce com corn merce act of 1906 known as the Hepburn Hepburn Hep Hop burn rate law Is was In effect declared on Monday May 3 bythe by bythe bythe the supreme court of ot the United St Stales les The decision was WIlS announced by Justice White The Tue court reversed and remanded the decision ot of tho tim United States circuit court Tint the only directions were to to enforce and apply the statute as Its s It It Is now con con- j Briefly summarized the decision of ot the the- supreme court In tue commodities clause cas cases cases s holds the law to be constitutional constitutional constitutional con con- but it does not concede the contentions of the government as to to its scope scope- An especial exception wasas was wasas wasas as to the ownership of stock in a dIfferent dif different dIf dIf- Jr- Jr fe ferent nt corporation which it was held d dW dM not constitute such ownership as would prohibit transportation under the terms of ot the law taw It was also held that ownership of of the commodity applied ap plied only to the time of tion If It before transporting it the railroad company has hs in ill g good god od faith parted with a commodity It may carry it The fhe principal point or of the decision was in relation to the railroads holding holding hold hold- ing lag the stock ot op or sub subordinate com coat panics and anti on that important point the finding was favorable to the roads Justice Harlan dissented on the stock feature but oth otherwise the decision de de- de- de ision was unanimous These c cas cases s had been decided bythe bythe by the circuit court favorably to the raIlroads railroads railroads rail rail- roads in that the the clause clause of the Hepburn Hep Hep- burn rate Jaw which prohibits Interstate Interstate interstate Inter Inter- state railroads from carrying commodities commodities com corn manufactured mined or produced produced pro pro- directly or indirectly by by the roads roads' was declared unconstitutional The pe ge general 1 ral impression had had been that that decision would be he affirmed in iii the supreme court When therefore therefore therefore there there- fore there was a reversal Instead of ot otin an in affirmation the tho Interest was much magr magnified |
