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Show SUPREME COURT ON COMMODITIES WASHINGTON, April 3. The "commodities "com-modities clause" of the Hepburn rato luvr, Interpreted two years ago by the supremo couit of the United States, yau given new life today by that tribunal tri-bunal In a second Interpretation. So effective was the reconstruction of the subject that government officials predict pre-dict that evil will now be remedied and railroads divorced from the coal business, ' Chief Justice White announced the decision of the court. The entlro bench agreed with him, although on tho previous consideration Justice Harlan dissented. Tho chief Justice took tho poBilTon that tho lower court had erred In refusing re-fusing to allow the government to amend" Its original petition. "While that decision expressly held,' said the chief justico in referring refer-ring to the previous holding of tho court, "that stock ownership by a railroad rail-road company In a bona fide corporar lion irrespective of the extent of such ownership, did not preclude a railroad company from transporting the commodity com-modity manufactured, mined, produced or owned but such corporation, nothing noth-ing in that conclupion foreclosed the right of the government to Join the power of the railrond company to transport In interstate commerce a commodity manufactured, mined, owned own-ed or producod by a corporation in which the railroad hold slock and where tho power of the railroad company com-pany as a stockholder was used to obliterate ob-literate all distinctions between the two corporations. "That Is to say, where the power was exerted in such mannor as to commingle affairs of both as by necessary nec-essary effect to make such affairs practically undistlgnishable and therefore there-fore to causo both corporations to bo one (or all purposes." Tho decision was summed in these words; "It must be hold that while the right of a railroad company as a stockholder stockhold-er to use its stock ownership for administration of the affairs of a corporation cor-poration In which It has a Btock interest in-terest may not bo denied, the use of such stock ownership In substance for the purpose of destroying tho entirety entire-ty of a producing, etc., corporation and of commingling Its affairs in administration ad-ministration with the affairs of a railroad rail-road company so as to make the two corporations virtually one, brings tho railroad company within the prohibition prohibi-tion of the commodities clause. "In olhcr words, that by operation and effect of the commodities clause there is a duty cast upon a railroad company purposing to carry Interstate commerce a product of the producing, etc., corporation In which it has a stock Interest, not to abuse such powers so as to virtually to do by Indirection that which the commodities clause prohibits a duty which plainly would be violated by the unnecessary commingling com-mingling of the affairs of tho producing produc-ing company with Its own so as to cause them to be one and Inseparable." Insepara-ble." As a result of the decision the court will now allow the government to amend its petition In the Louigh Valley railroad cases. A different situation sit-uation arises in regard to the Erie, the Central of New Jersey and the Pennsylvania. In those casqs the government did not ask leave to amend, considering the Lehigh Valey suit a trial case. The government did ask the court to dismiss the Erie, Central and Pennsylvania Pennsyl-vania cases without prejudice, but this was refused by the supremo court. This dismissal was today approved by the supremo court. Ordinarily (his would preclude the government bringing new suits against these rail roads. Government officials tonight expressed doubt as to whether further proceedings could he taken against the Eric, the Central of New Jersey and tho Pennsylvania, but an investigation investi-gation will he made with a view to renewing the action if possible. |