heisler thomas colliery argued decided november louis marshall new york city drinker philadelphia plaintiff error george alter pittsburgh defendants error weston allen boston behalf nine amicus curiae justice mckenna delivered opinion commonwealth pennsylvania act general assembly act june imposed tax per cent upon anthracite coal provided distribution tax act adjudged violation constitution commonwealth required uniformity taxation commonwealth alden coal atl commonwealth clair atl commonwealth passed act involved act may provided passage ton anthracite coal mined screened otherwise prepared market commonwealth tax per cent value thereof prepared market provided tax assessed time coal subjected indicated preparation ready shipment market plaintiff error alleging stockholder thomas colliery company brought suit act adjudged decreed unconstitutional void ejoin company directors complying act enjoin defendant error samuel lewis auditor general commonwealth defendant error charles snyder treasurer commonwealth enforcing act trial common pleas decided relief prayed distinguishing case act declared void adjudged decreed suit dismissed ruling affirmed state case writ error action bill case far concerned assails act offensive fourteenth amendment constitution denies thomas colliery company owners operators anthracite mines equal protection laws taxes owners anthracite coal tax owners bituminous mines bituminous coal ultimate foundation contention anthracite coal bituminous coal fuels necessarily therefore must associated class taxation disregard diminution whatever differences may exist composition qualities uses associate arbitrary unreasonable consequences inequality illegality therefore within ban constitution contention therefore concerntrates attention upon consideration resemblances differences objects justify inclusion exclusion particular class commonplace wearisome enlarge much upon principle presides determines classification objects necessary familiar affairs life go far thought practice without exercise process considering objects together separation determined properties purpose hand properties purpose relation process logically justified illustrations readily occur farmer classify plants differently botanist classification may notwithstanding difference logically proper classification uses may say necessities government government well persons purposes varied times exigent legislation must accommodated either convenience necessity government power often pronounced however omitting recognize restraints upon power expressing range adaptation exercise taxation said competent state exempt certain kinds property tax others restraints upon hostile discriminations particular persons classes discriminations merely inhibited recognized best interests society require bell gap railroad pennsylvania sup principle case concession power state received expression illustration cases concerned exercise power classification objects taxing purposes watson state comptroller sup said classification permissible reasonable relation permitted end governmental action enough instance classification reasonably founded purposes policy taxation cases said facts reasonably conceived existed law enacted assumed justify lindsley natural carbonic gas sup ann cas crescent oil mississippi sup makes difference facts may disputed effect opposed argument opinion serious strength within competency courts arbitrate contrariety rast van deman lewis sup ann cas cases cited purpose legislation may correction definite evil may remove greater public welfare see also classification legislation consonance requirements fourteenth amendment district columbia brooke sup guide cases decision found cases cited plaintiff error express admonition restraint classification justified must unreasonable arbitrary answer comparison coals becomes necessary making first fact encounter difference names names things considered significant attributes names may assumed announce difference attributes dependent upon difference uses resemblances however alleged bill denied answer alleged essentially assimilate coals make arbitrary selection one taxation detail interesting includes description processes nature formation coals particular properties composition appearances localities production anthracite coal said found counties state pennsylvania bituminous coal counties sold allegation places outside state competition fuel purposes anthracite certain sizes termed steam sizes competes bituminous coal certain subgrades intermediate grades latter certain subgrades anthracite need dwell considerations fact competition may accepted coals compositions carbon course capable combustion may used fuels different conditions manifestations difference deter mines choice even fuels disregarding difference greater ones exist dwelling competition alone easy erect argument strength taxation one may done differences basis different classification differences great important differ even fuels differ fundamentally particulars anthracite coal substantial use beyond fuel bituminous coal uses products utility obtained fact denied products enumerated extent use therefore incentives industries state natural policy might well hesitate obstruct burden yield policy consider well within concession power state expressed cases cited distinction treatment respective coals within power conceded cases state logical legal justification necessarily unreasonable arbitrary concur therefore decision state sustaining act anthracite coal observed asserted found nine counties state practically nowhere else fact said gives state monopoly tax upon levying tribute upon consumption nine appeared attorneys general assail illegal denounce attempt regulate interstate commerce emphasis contention governor state quoted urging tax effect fact tribute upon consumers coal pronounced inevitable assertion per cent total production shipped constitutes dependency upon pennsylvania represented impossible evasion relief anthracite coal assertion become prime necessity domestic purposes even laws ordinances passed forbidding use coal heating purposes representation graphic first impression makes contradiction contention plaintiff error tax discriminates anthracite coal certainly complete competition identity use fuel coal bituminous coal difference fuels use one enjoined law effect prohibited however passing consider contentions attorneys general independently contentions plaintiff error assume antagonism existing contentions may way appearing reconciliation contention tax regulation interstate commerce seems based somewhat upon declaration governor state effect upon consumers unable discern fact materiality pertinency fact pennsylvania monopoly may use word coal whether statute action state impinges upon interstate commerce depends upon statute action upon said motive impelled tax upon articles one state destined use another state called regulation interstate commerce whether imposed certainty return monopoly existing doubt chances competition action state regulation interstate commerce depend upon degree interference illegal degree may therefore disregard adventitious considerations referred confusion estimate contention made products state destined market subjects interstate commerce though moved place production preparation reach consequences contention repels acceptance possibility indeed certainty exportation product article state determines interstate commerce commencement movement state seem follow commerce instant growth production case coals lie ground result curious nationalize industries nationalize withdraw state jurisdiction deliver federal commercial control fruits california south wheat west meats cotton south shoes massachusetts woolen industries inception production growth fruits unpicked cotton wheat ungathered hides flesh cattle yet hoof wool yet unshorn coal yet unmined varying percentages destined surely exported production however need proceed speculation argument ingenuity imagination exercised heretofore upon like contention temptation relation federal government yet superior instances rather spheres action exclusive instances cases precisely defined uncertainty attracts disputes availed assert suppose collisions fact exist illustration cases coe errol sup precise contention made passed upon rejected involved taxing power state property subject timber cut forests intended exportation progressed nearer exportation coal present case question case said products state case timber cut forests liable taxed like property within state though intended exportation another state partially prepared purpose deposited place shipment products owned persons residing another state owner state mind relation goods intent export partial preparation exempt taxation answer questions point time goods case power state come protection constitution considered express must point time goods cease governed exclusively domestic law begin governed protected national law commercial regulation moment seems us legitimate one purpose commence final movement transportation state origin destination exportation begun committed common carrier transportation state state destination started ultimate passage state said part general mass property state subject jurisdiction cases decided afford illustrations cornell coyne sup susquehanna coal south amboy sup bacon illinois sup general oil crain sup mine workers coronado coal sup effect cases attempted evaded assertion statute imposing tax coal ready shipment market plain intentional fraud upon commerce clause accept accusation justified situation coal changed moving interstate commerce plainly moving coal therefore definitely situated misunderstood cases cited establish different character subjection need reviewed decree affirmed footnotes differences coals respective uses found common pleas one findings follows find anthracite coal differs bituminous coal physical coal differs amount fixed carbon amount volatile matter color luster structural character percentage fixed carbon anthracite much higher percentage volatile matter much lower bituminous coal anthracite coal hard compact comparatively clean free dust bituminous coal softer dusty dirty also observed persuasive difference coals congress canadian parliament levying import taxes put coals different classes railroads pennsylvania separated therefore quoting another classification actually exists business world