Jasper County Democrat, Volume 11, Number 29, Rensselaer, Jasper County, 12 September 1908 — LAW IS HIT BY COURT [ARTICLE]

LAW IS HIT BY COURT

"Commodity Clause" of the Hepburn Railway Act Declared of No Validity. JUDGES, HOWEVER, ARE DIVIDED Tribunal Stands Two to One Against the Enactment Gray and Dallas Join in Knocking It Out—Uncle Sam Will Appeal to the Supreme Court at Washington Philadelphia. Sept 11.—Declaring It to be drastic, harsh and unreasonable, and an invasion of the rights of the states, and therefore repugnant to the constitution, tie United Slates circuit court for the eastern district of Penn sylvanla dismissed the suite of the federal government to enforce the com modifies clanse of the Hepburn rail road act against the anthracite coalcarrying railroads of this state. Judges George Gray and George M. Dallae filed opinions dismissing the suits, and Judge Joseph Buffington dissented, but did not file an opinion. The commodities clause prohibits railroad companies transporting in interstate commerce any article or commodity manufactured, mined or produced by them or under their authority. Case Will be Appealed The case was argued In June. United States Attorney General Bonaparte de i'vering the principal argument for the government. The effect of the oom modifies clause, if constitutional, would be to confine the mining of anthracite toal by the railroads to that coal for use in Pennsylvania only, or compel the railroads to sell al! the mining property they are interested in. either directly or indirectly. It is almost certain that the case will be appealed, directly to the United States supreme court Statement by Judge Dalias The principal opinion was written by Judge Gray, who as president of the anthracite strike commission ■ has an intimate knowledge of the mining of hard coal and of the many ramifications in the ownership of the coal mines Judge Dallas said in his opinion that It cannot be denied that the commodities clause was enacted "not acta ally for the regulation of interstate commerce. but really to coerce the conformity of Intrastate business witty a ‘policy’ approved by congress.” Another notable clause in Judge Dallas’ opinion is- "The constitution of the United States is a written instrument, not a progressive development; and the often quoted epigram that ’constitn-ti-ons are not made, but grow,’ should not apply to it.”