| Show COMMODITY LAW LAJ I GIVEN HIRD HARn JOL JOLT I J United States Circuit Court of Pennsylvania Declares it Unconstitutional J S II I a I AFFECTS THE COAL QUESTION ll 1 l i t it Clause Prohibits Railroads from f Hauling Product They Mine I t i In One State to Another I l lI I Wih Law Lama LI Killed Carriers Cr Coul Chi i j Bud lo 10 a Ohl Fuel Pue and ant Operating Them hem t 1 f Philadelphia Sept Sept 10 The commodities f ties les clause cia use of if tho time Hepburn railroad r act tact I I was amas today declared to l 1 it lional toual by b the States circuit i court COUl for ii thaI Iho eastern district 1 of Penn Pennsylvania P n sylvania Judges Gray GI and amail D ill tf agreed in ham an opinion Coveting covering 75 typo type t pe f 1 written wrilen pages that tho clause e Is un unconstitutional UI t J constitutional Judge 1 this dis dissented J hut but did not macit file lilo an nn opinion IJ 3 I APPLIED TO ro COAL COAL f I The rho commodities clause constitutes the thuD fifth paragraph of the tIme first section It J of the time commerce net ll It I being bein l ono one of or the amendments maim made by i thin tho th R Hepburn railroad act of June P The clause provides that after May ilay J W 1008 It shall hll be e unlawful for Or any ny rail ral railroad road moad company to tn transport from ono one state to another or oy to any an foreign coun fM try tay any aims an article art l or am commodity manu mam manufactured f mined or produced by lay It under I Its Is authority directly or ol 01 indirectly ex except except Ii such stach articles s or em commodities as s lt I Imay mommy may be lie necessary r for rOt its Il In iii the time t conduct of UK ls tim business as a common COlL on I carrier l The he clause exempts Umber timber I and amid Its manufactured products and amid Is t h tl aimed a at railroads owning coal mines fillies In imi local railroad daubs circles the news Unit this lain clause of time the Hepburn act hilts has been I created little surprise but much satisfaction Parly L lu Williams attorney for faa the Oregon Short Line Lino has expressed thin tho opinion that the law haa was unconstitutional and would bo lie so declared once It reached i a it court where the matter could bo be fill ful fillis is tested So much tans has this predominated railroad circles in fact that in tim spite simile of time the sale of Union Pa PL coal property by isy the railroad which the tho law contemplated and of time tho Utah coal property by time the Rio Grande Gyms aide which It also maiso contemplated neither o i these tho roadS have any ammy provision i holdings or for changing their present system In lam tho least The Tho Utah Fuel has gone right preparing coal from frona I Utah tot for interstate shipments as has lie tho Union Pacific coal company In f I Wyoming ha haima In ima time the last session of Congress a bill was introduced extending the tUlle I when time shipments should clime by lay two mO years It Is now felt that within two years decisions mh f fat of at courts above time the pres it one ammo will so far uphold time the decision lint the lime law lass lawwill will never ho lao enforced |
