Jasper County Democrat, Volume 12, Number 10, Rensselaer, Jasper County, 5 May 1909 — WICKERSHAM'S OPINION [ARTICLE]
WICKERSHAM'S OPINION
Says Decision Opens Way For Further Action by Congress. Washington, May 4.—Claiming that the principle contended for by the government had been sustained, Attorney General Wickersham has authorize ed the following statement, interpreting the “commodities clause” decision as he understands it: “Mr. Justice White’s statement is, in effect, that a proper construction of the so-called commodities clause is that it prohibits the transportation by railway companies only of commodities owned in whole or in part by such companies at the time of transporatlon and that it does not prohibit them from transporting commodities manufactured, mined or produced by them previous to such transportation which are not owned by them at the time of transportation, and further that it does Inot apply to transportation of commodities owned by other corporations in which the transporting railroad company has a stock interest, although congress has the power to extend the prohibition to the last mentioned cause if it shall see fit to exercise it. “The recognition of the power in congress to extend transporatlon to commodities, mined, manufactured or produced by a company in which the carrier is a stock owner, makes it possible for congress by further legislation to prevent an evasion of the general prohibition of the statute which might otherwise be resorted to.”
