ex
rel
attorney
general
delaware
hudson
co
argued
decided
may
hudson
co
attorney
general
bonaparte
solicitor
general
hoyt
allison
wilmer
thomas
spelling
plaintiff
error
appellant
john
johnson
robert
de
forest
defendants
error
appellees
walker
hines
james
beck
william
opdyke
delaware
hudson
company
george
brownell
adelbert
moot
erie
railroad
company
justice
white
delivered
opinion
dismiss
present
contention
made
one
corporations
railroad
company
within
meaning
term
used
statute
shall
occasion
consider
merely
coal
company
whose
transporting
operations
incidental
mining
operations
contention
put
aside
true
say
speaking
general
sense
corporations
parties
record
means
railroads
owned
operated
engaged
transporating
coal
anthracite
coal
fields
pennsylvania
points
market
ultimate
delivery
much
coal
transported
corporations
connected
relation
distinct
association
necessarily
engendered
transportation
commodity
corporations
common
carriers
interstate
commerce
business
corporations
generally
speaking
characteristics
differences
corporations
owned
worked
mines
transporated
rails
interstate
commerce
coal
mined
either
account
account
acquired
title
coal
prior
beginning
transportation
others
operating
railroads
owned
also
leased
operated
coal
mines
carried
coal
produced
mines
way
others
railroad
companies
although
operating
mines
owners
stock
corporations
engaged
mining
coal
coal
produced
corporations
carried
interstate
commerce
railroad
companies
holding
stock
producing
coal
companies
either
account
producing
corporations
persons
coal
announcing
decision
may
justice
white
read
memorandum
giving
gist
opinion
published
sold
point
production
prior
beginning
interstate
commerce
moreover
additionally
case
railroad
companies
previously
stated
engaged
production
coal
mines
owned
interstate
transportation
product
attributes
thus
enjoyed
corporations
possessed
long
time
expressly
conferred
laws
pennsylvania
instances
also
laws
companies
likewise
part
carried
business
insert
margin
summary
made
concerning
situation
respective
corporations
taken
answer
return
made
corporation
admitted
generally
defendants
allegations
bills
petitions
corporate
existence
true
operate
railroads
engaged
interstate
transportation
coal
anthracite
region
pennsylvania
also
admit
transportation
carried
several
defendants
long
prior
day
may
case
period
varying
quarter
half
century
prior
thereto
addition
general
admissions
detailed
statements
made
defendants
respectively
character
extent
ownership
interests
possessed
coal
transported
lands
mines
produced
necessary
briefly
summarize
statements
delaware
hudson
company
alleges
directly
owns
coal
lands
railroad
incorporated
act
legislature
state
new
york
april
construct
canal
water
navigation
anthracite
coal
district
pennsylvania
hudson
river
new
york
purchase
lands
pennsylvania
containing
stone
anthracite
coal
employ
capital
business
transporting
market
coal
mined
lands
authority
also
expressly
conferred
acts
legislature
state
pennsylvania
years
acts
state
pennsylvania
resulted
desire
policy
said
state
create
foster
industry
mining
coal
developing
transportation
thereof
authority
statutes
pennsylvania
new
york
said
defendant
beginning
early
year
invested
capital
first
day
may
government
commenced
proceedings
bill
equity
corporations
enjoin
carrying
interstate
commerce
coal
produced
circumstances
stated
time
petition
mandamus
filed
corporation
seeking
complish
result
equity
causes
mandamus
proceedings
based
upon
assumption
section
act
regulate
commerce
amended
law
usually
referred
hepburn
act
approved
june
state
chap
comp
stat
supp
contained
provision
generally
known
commodities
clause
exceed
per
annum
gross
earnings
transportation
coal
amounted
year
ending
june
per
cent
entire
freight
receipts
large
part
earnings
freight
miscellaneous
passenger
traffic
incident
dependent
upon
operation
mines
collieries
said
coal
companies
greater
part
earnings
transportation
coal
comes
carriage
coal
mined
lehigh
wilkesbarre
coal
company
large
sums
money
expended
extending
lines
constructions
enable
transport
said
coal
interstate
commerce
delaware
lackawanna
western
railroad
company
like
delaware
hudson
company
admits
owner
coal
lands
mines
coal
sells
organized
act
legislature
pennsylvania
lines
railroad
owned
wholly
within
state
pennsylvania
extending
delaware
river
boundary
line
state
new
jersey
northwesterly
direction
across
state
pennsylvania
boundary
line
state
pennsylvania
state
new
york
branch
line
extending
scranton
state
pennsylvania
northumberland
said
state
said
defendant
also
admits
alleges
express
authority
acts
legislature
pennsylvania
new
jersey
new
york
lessee
operates
long
prior
may
operated
various
lines
railroad
two
direct
traffic
connection
city
buffalo
cities
said
defendant
also
admits
many
years
owned
fee
extensive
tracts
coal
land
state
pennsylvania
also
leased
large
tracts
coal
land
said
state
engaged
many
years
last
past
engaged
mining
coal
lands
owned
leased
holding
said
lands
whether
fee
lease
mining
manufacture
interstate
transportation
coal
therefrom
continues
virtue
authority
laws
state
pennsylvania
addition
foregoing
certain
coal
companies
organized
time
time
acts
assembly
said
state
pennsylvania
merged
said
defendant
corporation
act
general
assembly
state
pennsylvania
approved
april
entitled
act
authorize
railroad
canal
companies
caused
illegal
corporations
may
transport
interstate
commerce
coal
railroad
companies
connected
associated
aid
development
coal
iron
lumber
material
interests
commonwealth
defendant
authorized
aid
corporations
authorized
law
develop
coal
iron
lumber
material
interests
pennsylvania
purchase
capital
stock
bonds
either
answer
said
defendant
also
alleges
reason
ownership
said
coal
lands
coal
revenues
derived
transportation
market
enabled
expend
millions
betterment
general
transportation
facilities
goods
passengers
give
public
benefits
well
constructed
equipped
modern
railroad
virtue
leases
railroads
enable
transport
coal
interstate
commerce
become
bound
pay
yearly
interest
charges
sum
taxes
total
tons
coal
produced
year
lands
owned
fee
leased
upwards
tons
transported
lines
railroad
interstate
commerce
per
cent
per
cent
annual
transportation
earnings
operation
leased
lines
derived
carriage
coal
thereover
uses
conduct
business
common
carrier
approximately
tons
anthracite
coal
pea
size
smaller
annually
require
use
future
obtain
coal
economic
sizes
necessary
break
coal
leaving
larger
sizes
must
disposed
otherwise
great
waste
result
forbidden
transport
market
interstate
commerce
larger
sizes
thus
resulting
defendant
rights
acquire
holding
coal
land
rights
mine
coal
transport
market
well
pennsylvania
leases
railroads
acquired
many
years
prior
enactment
socalled
commerce
act
said
amendment
thereto
known
clause
answer
pennsylvania
railroad
company
avers
incorporated
laws
state
pennsylvania
april
early
authority
two
general
statutes
state
pennsylvania
became
owner
shares
susquehanna
coal
company
shares
summit
branch
mining
company
one
third
shares
mineral
railroad
modes
stated
except
said
particular
one
corporations
claimed
railroad
company
within
meaning
commodities
clause
defended
substantially
upon
ground
corrected
interpreted
commodities
clause
forbid
interstate
commerce
traffic
coal
carried
clause
assailed
inherently
repugnant
constitution
right
enact
embraced
within
authority
conferred
upon
congress
regulate
commerce
addition
contended
even
abstractly
considered
clause
might
embraced
within
grant
power
regulate
commerce
nevertheless
provisions
conflict
due
process
clause
amendment
constitution
destructive
effect
enforcement
provisions
produce
rights
property
corporations
possessed
long
enjoyed
sanction
valid
state
laws
besides
insisted
event
clause
repugnant
constitution
discrimination
caused
exception
timber
manufactured
products
thereof
cases
submitted
pleadings
heard
decided
one
time
treating
clause
meaning
government
contended
came
consider
alleged
repugnancy
enactment
constitution
principal
opinion
subject
least
formally
approached
purpose
deciding
whether
inherently
commodities
clause
within
competency
congress
enact
regulation
commerce
whether
provisions
clause
repugnant
constitution
destructive
effect
prohibitions
upon
vast
sum
property
rights
corporations
found
enjoy
result
valid
state
laws
aspect
issue
deemed
called
upon
determine
thus
epitomized
fundamental
underlying
question
however
presents
threshold
cases
consideration
whether
clause
amendatory
act
regulate
commerce
passed
june
far
scope
applies
universality
language
cases
presented
excess
legislative
authority
granted
congress
constitution
question
must
considered
reference
constitution
whole
relation
concrete
facts
several
cases
therefore
necessary
keep
mind
situation
presented
defendants
facts
set
forth
individual
answers
briefly
summarized
relevant
industrial
tions
matters
common
knowledge
may
judicially
noticed
situation
considered
kept
mind
purpose
passing
upon
constitutional
question
thus
stated
general
situation
half
century
policy
state
pennsylvania
evidenced
legislative
acts
promote
development
natural
resources
especially
regards
coal
encouraging
railroad
companies
canal
companies
invest
funds
coal
lands
product
mines
might
conveniently
profitably
conveyed
market
pennsylvania
two
defendant
corporations
appears
answers
created
legislature
pennsylvania
one
three
quarters
century
ago
half
century
ago
expressed
purpose
coal
lands
might
developed
coal
might
transported
people
pennsylvania
questioned
pursuant
general
policy
investments
made
defendant
companies
coal
lands
mines
stock
companies
coal
production
enormously
increased
economies
promoted
facilities
transportation
thus
brought
appears
answers
filed
entire
distribution
anthracite
coal
different
union
canada
year
last
year
authoritative
statistics
tons
approximately
four
fifths
entire
production
anthracite
coal
transported
interstate
commerce
defendant
railroads
pennsylvania
markets
canada
four
fifths
per
cent
produced
either
directly
defendant
companies
agency
subsidiary
coal
companies
also
appears
answers
filed
enormous
sums
money
expended
defendants
enable
mine
prepare
coal
transport
point
may
market
denied
situation
thus
generally
described
new
one
created
since
passage
act
question
existed
long
period
years
prior
thereto
rights
property
interests
acquired
said
defendants
premises
acquired
conformity
constitution
laws
state
pennsylvania
right
enjoyment
never
doubted
questioned
courts
people
commonwealth
fully
recognized
protected
decided
applied
defendants
commodities
clause
within
power
congress
enact
regulation
commerce
fed
member
dissented
expressed
reasons
written
opinion
without
adverting
reasoning
expounded
opinion
think
accurate
say
large
ultimate
sense
proceeded
upon
assumption
commodities
clause
provided
quote
summing
opinion
divorce
dual
relation
public
carrier
private
transporter
regulation
commerce
within
power
congress
enact
enacted
operative
upon
defendants
therefore
required
comform
regulation
even
although
might
way
indirectly
affect
valid
rights
derived
prior
state
legislation
judgments
decrees
entered
denying
applications
mandamus
dismissing
bills
complaint
text
commodities
clause
upon
cases
depend
follows
may
first
nineteen
hundred
eight
shall
unlawful
railroad
company
transport
state
territory
district
columbia
state
territory
district
columbia
foreign
countr
article
commodity
timber
manufactured
products
thereof
manufactured
mined
produced
authority
may
whole
part
may
interest
direct
indirect
except
articles
commodities
may
necessary
intended
use
conduct
business
common
carrier
government
insists
provision
prohibits
railroad
companies
transporting
interstate
commerce
articles
commodities
excepted
class
manufactured
mined
produced
authority
may
owned
whole
part
may
interest
direct
indirect
prohibitions
insisted
apply
transportation
railroad
company
interstate
commerce
commodity
manufactured
mined
produced
corporation
transporting
railroad
company
stockholder
irrespective
extent
stock
ownership
construction
provision
rests
upon
meaning
government
insists
given
text
significance
text
illumined
insisted
result
intended
accomplished
enactment
clause
purpose
contended
merely
compel
railroad
companies
dissociate
transportation
articles
commodities
manufactured
mined
produced
owned
moreover
divorce
business
transporting
commodities
interstate
commerce
manufacture
mining
production
ownership
thus
avoid
tendency
discrimination
forbidden
act
regulate
commerce
insisted
necessarily
inheres
carrying
railroad
company
business
manufacturing
mining
producing
owning
whole
part
commodities
transported
interstate
commerce
construction
relied
thus
summed
argument
government
clause
forbids
carrier
owns
mines
sells
coal
transport
coal
interstate
commerce
trifling
question
exact
fact
reality
accordance
principle
insistence
argument
duty
carriers
owned
worked
coal
mines
stock
mines
owned
coal
order
bring
within
law
dispose
absolutely
interest
property
whatever
form
enjoyed
cease
absolutely
acquiring
like
rights
future
doubtless
farreaching
effect
construction
upon
enormous
property
interests
involved
caused
result
provision
thus
stated
argument
government
undoubtedly
searching
radical
law
meant
true
government
argument
suggests
radical
result
statute
may
assuaged
without
violating
spirit
limiting
prohibitions
cause
applty
long
commodities
applies
hands
carrier
first
vendee
limitation
expressed
statute
engraft
act
pure
judicial
legislation
besides
repugnant
asserted
spirit
purpose
statute
lies
foundation
construction
upon
government
relies
let
us
prelude
analysis
clause
purpose
fixing
true
construction
determining
constitutional
power
enact
significance
shall
rightly
defined
point
questions
constitutional
power
require
decided
construction
relied
upon
government
correct
one
summarily
dismiss
elaborate
suggestions
made
argument
alleged
wrong
result
enforcement
clause
susceptible
construction
government
placed
upon
obviously
mere
suggestions
inconvenience
harm
wholly
irrelevant
allowed
influence
us
determining
question
constitutional
power
congress
enact
clause
let
conceded
power
regulate
merce
possessed
congress
nature
things
therefore
right
exert
tomorrow
times
plenitude
must
remain
free
restrictions
limitations
arising
asserted
arise
state
laws
whether
enacted
congress
chosen
exert
apply
lawful
power
refulate
present
purposes
moreover
although
may
occasion
examine
subject
hereafter
entirely
put
view
contentions
based
upon
assumption
even
although
provisions
clause
lawful
regulations
commerce
prospectively
applied
nevertheless
considered
retroactive
effect
upon
rights
defendants
alleged
secured
valid
state
laws
concede
purpose
inquiry
present
making
although
may
also
occasion
examine
subject
hereafter
power
congress
regulate
commerce
constitutionally
exerted
compel
railroad
company
engaged
interstate
commerce
dissociate
interest
commodities
transports
interstate
commerce
even
although
existing
state
laws
railroad
company
may
lawful
right
ownership
association
commodity
upon
regulation
operates
concessions
mind
despite
effect
contentions
government
meaning
commodity
clause
well
founded
least
majority
opinion
may
avoid
determining
following
grave
constitutional
questions
whether
power
congress
regulate
commerce
embraces
authority
control
prohibit
mining
manufactureing
production
ownership
article
commodity
inherent
quality
commodity
simply
may
become
subject
interstate
commerce
right
regulate
commerce
thus
extend
impliedly
made
embrace
subjects
control
forbidding
railroad
company
engaged
interstate
commerce
carrying
lawful
articles
commodities
time
prior
transportation
manufactured
mined
produced
owned
involved
determination
foregoing
questions
shall
necessarily
called
upon
decide
adoption
constitution
grant
power
congress
regulate
commerce
effect
depriving
authority
endow
carrier
attribute
producing
well
transporting
particular
commodities
power
beginning
freely
exercised
exertion
governmental
power
resources
several
developed
enterprises
fostered
vast
investments
capital
made
possible
although
government
within
spheres
national
local
legislative
power
past
public
purposes
either
expressly
impliedly
authorized
manufacture
mining
production
carriage
commodities
one
railway
corporation
exertion
power
beyond
scope
authority
congress
equivalent
thereto
exercise
mere
license
subject
time
revoked
completely
destroyed
means
regulation
commerce
grave
questions
thus
stated
must
necessarily
said
arise
decision
contention
government
meaning
commodity
clause
correct
intend
stating
decide
even
slightest
degree
presently
intimate
respect
whatever
opinion
upon
time
enough
approach
consideration
compelled
hereafter
result
analysis
propose
make
order
ascertain
meaning
commodities
clause
elementary
constitutionality
statute
assailed
statute
reasonably
susceptible
two
interpretations
one
unconstitutional
valid
plain
duty
adopt
construction
save
statute
constitutional
infirmity
knights
templars
life
indemnity
jarman
ed
sup
unless
rule
considered
meaning
duty
first
decide
statute
unconstitutional
proceed
hold
ruling
unnecessary
statute
susceptible
meaning
causes
repugnant
constitution
rule
plainly
must
mean
statute
susceptible
two
constructions
one
grave
doubtful
constitutional
questions
arise
questions
avoided
duty
adopt
latter
harriman
interstate
commerce
commission
ed
sup
recurring
text
commodities
clause
apparent
disjunctively
applies
four
generic
prohibitions
forbids
railroad
carrier
transporting
interstate
commerce
articles
commodities
manufactured
mined
produced
mined
manufactured
produced
authority
owns
whole
part
interest
direct
indirect
clear
two
prohibitions
relate
manufacturing
mining
ownership
resulting
therefrom
literally
construed
confined
time
carrier
transports
commodities
prohibitions
concerned
hence
prohibitions
attach
operate
upon
right
transport
commodity
antecedent
acts
manufacture
mining
production
certain
also
two
prohibitions
concerning
ownership
whole
part
interest
direct
indirect
speak
present
past
refer
time
transportation
commodities
last
prohibitions
therefore
differing
first
two
control
commodities
time
transportation
owned
whole
part
transporting
carrier
interest
direct
indirect
follows
construction
government
places
upon
clause
whole
direct
conflict
literal
meaning
prohibitions
ownership
interest
direct
indirect
first
two
classes
prohibitions
manufacturing
mining
production
given
literal
meaning
therefore
held
prohibit
irrespective
relation
carrier
commodity
time
transportation
literal
interpretation
applied
remaining
prohibitions
ownership
interest
thus
causing
apply
ownership
interest
exist
time
transportation
result
give
statute
annihilative
meaning
case
since
practical
execution
come
pass
carrier
manufactured
mined
produced
commodities
sold
good
faith
transport
hand
carrier
owned
commodities
sold
carry
without
violating
law
consequence
therefore
statute
immaterial
distinction
sources
ownership
arose
prohibit
transportation
one
case
permit
another
like
case
illustration
make
deduction
quite
clear
carrier
mines
produces
owns
coal
result
thereof
sells
coal
carrier
impotent
move
account
interstate
commerce
prohibition
statute
carrier
time
becomes
dealer
coal
buys
sells
coal
thus
bought
person
coal
carrier
competent
carry
interstate
commerce
illustration
serves
show
incongruity
conflict
result
statute
rule
literal
interpretation
applied
provisions
also
serves
point
thus
construed
lead
conclusion
intention
enactment
statute
prohibit
manufacturing
production
carrier
time
offer
incentive
carrier
become
buyer
seller
commodities
transported
said
behalf
government
view
purpose
congress
prohibit
railroad
companies
engaged
interstate
commerce
time
manufacturers
producers
owners
commodities
carry
despite
literal
sense
prohibitions
construed
accomplish
result
intended
therefore
apparent
divergence
conflict
removed
construing
prohibiting
transportation
causes
stated
irrespective
particular
relation
railroad
company
commodities
time
transportation
suggestion
however
simply
invites
us
assumption
congress
particular
intention
enacting
clause
construe
clause
cause
essential
decide
grave
constitutional
questions
hitherto
pointed
contrary
prohibitions
concerning
ownership
whole
part
interest
direct
indirect
susceptible
construction
dissociation
carrier
products
transports
contemplated
duty
possible
treat
apparently
conflicting
prohibitions
embracing
like
purpose
thus
harmonize
provisions
clause
prevent
necessity
approaching
passing
upon
grave
constitutional
questions
necessarily
arise
pursuing
contrary
course
urged
done
since
effect
expunge
prohibitions
manufacturing
mining
production
clause
ownership
whole
part
interest
direct
indirect
embrace
everything
possibly
intended
expressed
terms
manufacturing
mining
production
proposed
reconciliation
conflict
prohibitions
brought
think
however
brief
reference
ruling
concerning
effect
interstate
commerce
law
prior
amendment
hepburn
act
serve
make
clear
unsoundness
proposition
case
referred
new
york
interstate
commerce
commission
ed
sup
case
much
consideration
held
prohibitions
interstate
commerce
act
uniformity
rates
rebates
operated
prevent
carrier
engaged
interstate
commerce
buying
selling
commodity
carried
way
frustrate
provisions
act
even
effect
applying
act
substantially
render
buying
selling
interstate
carrier
commodity
transported
practically
impossible
thus
deciding
however
became
necessary
pp
refer
rulings
interstate
commerce
commission
construing
act
regulate
commerce
made
long
enactment
statute
held
interstate
commerce
carriers
engaged
manufacturing
mining
producing
carrying
commodities
virtue
state
charters
authorizing
granted
prior
enactment
act
regulate
commerce
act
applied
without
confiscation
except
far
requirement
reasonableness
rates
concerned
referring
administrative
rulings
declaring
view
long
standing
construction
thus
given
act
departed
least
congress
legislated
subject
nevertheless
plainly
intimated
legislation
compelled
carrier
even
although
authorized
charter
passage
act
regulate
commerce
engage
production
well
transportation
commodities
dissociate
transportation
products
manufactured
mined
produced
enforced
proper
rules
regulations
amount
confiscation
therefore
subject
ownership
whole
part
interest
carrier
direct
indirect
product
transported
came
considered
duty
dissociate
transportation
came
legislatively
imposed
quite
natural
view
prior
administrative
rulings
intimations
conveyed
opinion
new
york
case
assume
provisions
manufacturing
mining
production
may
somewhat
redundant
nevertheless
expressed
purpose
leaving
possible
room
implication
intention
include
ownership
resulting
manufacture
mining
production
even
although
right
manufacture
mine
produce
sanctioned
state
charters
prior
enactment
act
regulate
commerce
looking
statute
another
point
view
result
compelled
certain
construe
statute
literally
without
bringing
irreconcilable
conflict
provisions
previously
pointed
therefore
rule
construction
essential
adopted
order
statute
may
harmonious
operation
circumstances
view
effect
arise
giving
first
two
prohibitions
meaning
wholly
antagonistic
remaining
ones
think
duty
requires
treat
prohibitions
common
purpose
dissociation
railroad
companies
prior
transportation
articles
commodities
whether
association
resulted
manufacture
mining
production
ownership
interest
direct
indirect
words
view
ambiguity
confusion
statute
think
duty
interpreting
exerted
cause
one
portion
statute
conceded
government
radical
operation
literally
construed
extend
enlarge
another
portion
statute
seems
reasonable
free
doubt
also
literally
interpreted
rather
seems
us
duty
restrain
wider
think
doubtful
prohibitions
make
accord
narrow
reasonable
provisions
thus
harmonize
statute
force
contention
going
effect
clause
postponed
period
nearly
two
years
therefore
radical
effects
government
attributes
clause
must
contemplated
congress
think
contrary
reasonable
infer
view
facts
disclosed
statement
previously
excerpted
delay
accorded
entirely
consistent
assumption
granted
afford
time
essential
make
changes
required
conform
commands
clause
interpreted
providing
facilities
dissociation
sale
point
production
transportation
segregation
means
organization
bona
fide
manufacturing
mining
producing
corporations
remains
determine
nature
character
interest
embraced
words
interested
directly
indirectly
contention
government
clause
forbids
railroad
company
transport
commodity
manufactured
mined
produced
owned
whole
part
bona
fide
corporation
transporting
carrier
holds
stock
interest
however
small
based
upon
assumption
prohibition
embraced
words
considering
opposing
contention
however
interest
direct
indirect
includes
commodities
carrier
legal
interest
therefore
exclude
right
carry
commodities
manufactured
mined
produced
owned
separate
distinct
corporation
simply
transporting
carrier
may
interested
producing
corporation
owner
stock
therein
words
question
taken
embracing
legal
equitable
interest
commodities
refer
held
include
commodities
manufactured
mined
produced
owned
distinct
corporation
merely
stock
ownership
carrier
pullman
palace
car
missouri
ed
sup
conley
mathieson
alkali
works
ed
sup
well
settled
also
law
pennsylvania
questioned
unnecessary
pursue
subject
detail
since
conceded
argument
government
clause
embraces
legal
interest
article
commodity
held
include
prohibition
carrying
commodity
simply
manufactured
mined
produced
owned
corporation
carrier
stockholder
contention
government
substantially
rests
upon
assumption
unless
words
given
meaning
contended
without
significance
clearly
case
well
illustrated
new
york
case
supra
case
chesapeake
ohio
railway
company
shown
one
time
directly
engaged
buying
selling
transporting
coal
subsequently
statute
passed
west
virginia
prohibiting
dealings
resorted
indirect
methods
continuance
previous
practice
may
well
object
provision
reach
render
impossible
successful
employment
methods
character
referred
certain
however
legislative
progress
clause
senate
clause
originated
amendment
specific
terms
causing
clause
embrace
stock
ownership
rejected
immediately
upon
rejection
amendment
expressly
declaring
interest
direct
indirect
intended
among
things
embrace
prohibition
carrying
commodity
manufactured
mined
produced
owned
corporation
railroad
company
interested
stockholder
also
rejected
cong
rec
pt
pp
considerations
stated
think
completely
dispose
contention
stock
ownership
must
mind
congress
therefore
must
treated
though
embraced
within
evil
intended
remedied
since
reason
assumed
duty
extend
meaning
statute
beyond
legal
sense
upon
theory
provision
expressly
excluded
intended
included
mind
congress
fixed
transportation
carrier
commodity
produced
corporation
carrier
held
stock
think
failure
provide
contingency
express
language
gives
rise
implication
purpose
include
events
view
consequences
giving
statute
construction
contended
indicated
statement
taken
answers
returns
previously
inserted
margin
questions
constitutional
power
arise
construction
adopted
hold
contention
government
well
founded
construe
statute
prohibiting
railroad
company
engaged
interstate
commerce
transporting
commerce
articles
commodities
following
circumstances
conditions
article
commodity
manufactured
mined
produced
carrier
authority
time
transportation
carrier
good
faith
act
transportation
dissociated
article
commodity
carrier
owns
article
commodity
transported
whole
part
carrier
time
transportation
interest
direct
indirect
legal
equitable
sense
article
commodity
including
therefore
articles
commodities
manufactured
mined
produced
owned
bona
fide
corporation
railroad
company
stockholder
question
arises
whether
thus
construed
statute
inherently
within
power
congress
enact
regulation
commerce
think
apparent
reference
authority
demonstrate
necessary
afforded
consideration
ruling
new
york
case
previously
referred
say
upon
assumption
grant
power
regulate
commerce
authority
government
unduly
limited
one
hand
inordinately
extended
rest
upon
hypothesis
power
conferred
embraces
right
absolutely
prohibit
movement
lawful
commodities
destroy
governmental
power
subjects
within
jurisdiction
however
remotely
indirectly
exercise
powers
may
touch
interstate
commerce
contrary
putting
considerations
tirely
mind
conclusion
previously
stated
rests
upon
deem
obvious
result
statute
interpreted
merely
unequivocally
confined
regulation
congress
power
adopt
rights
railroad
companies
subordinated
armour
packing
ed
sup
think
unnecessary
consider
length
contentions
based
upon
due
process
clause
amendment
form
statement
contentions
apparently
rest
upon
ruinous
consequences
assumed
operated
upon
property
rights
carriers
enforcement
clause
interpreted
government
construed
purpose
consideration
subject
may
conceded
insisted
behalf
contentions
proceed
upon
mistaken
baleful
conception
inconvenience
power
criterion
test
constitutionality
legislation
however
mere
forms
statement
put
aside
real
scope
argument
bar
grasped
think
becomes
clear
substance
effect
argument
really
asserts
clause
construed
government
regulation
commerce
since
transcends
limits
regulation
embraces
absolute
prohibitions
insisted
exerted
virtue
authority
regulate
whole
support
upon
propositions
arguments
rest
hence
disappears
result
construction
given
statute
abundance
caution
repeat
ruling
made
confined
question
us
therefore
pointing
applying
statute
true
rule
construction
indicated
grave
constitutional
questions
presented
departed
rule
must
considered
decided
questions
entered
consideration
unnecessary
us
without
elaborating
hold
contention
clause
consideration
void
exception
timber
manufactured
products
thereof
without
merit
deciding
clause
construed
lawful
exercise
congress
power
regulate
commerce
know
constitutional
limitation
requiring
regulation
adopted
applied
commodities
alike
follows
even
gave
heed
many
reasons
expedience
suggested
argument
exception
injustice
favoritism
asserted
operated
thereby
fact
weight
passing
upon
question
power
reasons
also
dispose
contention
clause
void
discrimination
carriers
reference
contention
commodities
clause
void
nature
character
penalties
imposes
violations
provisions
within
ruling
ex
parte
young
ed
sup
think
also
suffices
say
even
delay
clause
provided
elapse
enactment
going
effect
absolutely
exclude
clause
ruling
ex
parte
young
question
feel
called
upon
decide
nevertheless
proposition
without
merit
penalties
sought
recovered
cases
question
constitutionality
clause
relating
penalties
wholly
separable
remainder
clause
therefore
may
left
determined
effort
enforce
penalties
made
contention
one
defendants
delaware
hudson
company
outset
referred
requires
particularly
noticed
charters
granted
company
new
york
pennsylvania
authorized
secure
coal
lands
mine
coal
without
going
detail
originally
authorized
construct
canal
ultimately
railroad
purpose
transporting
account
products
mines
undoubtedly
vast
sums
money
vested
carrying
purposes
true
also
company
owner
stock
various
coal
corporations
claim
disposed
true
construction
charters
delaware
hudson
company
railroad
company
within
meaning
term
used
commodities
clause
really
coal
company
contention
think
without
merit
facts
stated
excerpts
answer
returns
company
previously
placed
margin
leave
doubt
corporation
engaged
common
carrier
rail
transportation
coal
channels
interstate
commerce
think
railroad
company
within
purview
clause
subject
regulations
embodied
therein
interpreted
held
statute
wholly
void
repugnancy
constitution
follows
views
expressed
judgments
decrees
entered
must
reversed
however
conceded
discussion
bar
view
public
private
interests
concerned
seek
enforce
penalties
statute
commenced
proceedings
object
purpose
settling
differences
defendants
concerning
meaning
commodities
clause
power
congress
enact
correctly
interpreted
upon
view
proceedings
heard
submission
upon
pleadings
opinion
ends
justice
subserved
reversing
remanding
particular
directions
defendants
reversing
remanding
directions
proceedings
may
necessary
apply
enforce
statute
interpreted
ordered
justice
harlan
dissenting
cases
determined
wholly
construction
parts
hepburn
act
stat
chap
comp
stat
supp
tion
congress
sees
fit
may
meet
construction
additional
legislation
deem
unnecessary
enter
upon
extended
discussion
various
questions
arising
upon
record
content
simply
expression
nonconcurrence
view
taken
meaning
scope
certain
provisions
act
judgment
act
reasonably
properly
construed
according
language
includes
within
prohibitions
railroad
company
transporting
coal
time
owner
legally
equitably
owns
majority
company
mined
manufactured
produced
owns
coal
transported
railroad
company
view
act
enable
transporting
railroad
company
one
device
another
defeat
altogether
purpose
congress
view
divorce
real
substantial
sense
production
transportation
thereby
prevent
transporting
company
injustice
owners
coal
footnotes
averred
special
ground
defense
said
delaware
hudson
company
said
clause
apply
coal
mined
upon
lands
upon
lands
said
three
coal
companies
except
steam
sizes
thereafter
stated
sold
transportation
thereof
begins
said
company
third
persons
mines
pennsylvania
coal
produced
said
company
time
transported
interstate
commerce
interest
therein
direct
indirect
apart
obligation
rights
common
carrier
transportation
thereof
carries
said
coal
account
purchaser
thereof
consignor
owner
said
coal
answer
erie
railroad
company
originally
organized
laws
state
new
york
reorganized
time
time
mortgage
foreclosure
finally
november
foreclosure
sale
reorganized
statutes
new
york
whereby
lawful
owner
property
rights
privileges
immunities
franchises
predecessors
aforesaid
including
shares
capital
stock
coal
companies
railroad
companies
well
railroads
theretofore
held
possessed
said
predecessor
companies
railroads
owned
said
subsidiary
companies
aggregate
mileage
miles
new
york
pennsylvania
new
jersey
ohio
indiana
illinois
pennsylvania
coal
company
created
corporation
laws
pennsylvania
charter
giving
right
usual
business
companies
engaged
mining
transporting
market
selling
coal
products
coal
mined
purpose
given
power
purchase
lease
coal
lands
pennsylvania
also
power
construct
railroads
one
tracks
said
pennsylvania
coal
company
authorized
extend
railroad
connect
new
york
erie
railroad
right
said
pennsylvania
coal
company
buy
coal
lands
build
railroad
connections
continued
acts
legislature
pennsylvania
pursuance
various
acts
legislature
pennsylvania
coal
company
obtained
capital
issued
stock
therefor
acquired
coal
lands
developed
coal
mines
produced
transported
markets
sold
coal
built
operated
railroads
made
railway
connections
authorized
like
acts
promote
business
supplying
persons
needing
anthracite
coal
hillside
coal
iron
company
organized
act
legislature
state
pennsylvania
purposes
powers
similar
pennsylvania
coal
company
authority
acts
legislature
pennsylvania
said
erie
railroad
company
long
prior
passage
said
amendment
interstate
commerce
act
acquired
substantially
capital
stock
said
pennsylvania
coal
company
hillside
coal
iron
company
jefferson
railroad
company
erie
wyoming
railroad
company
small
minority
stock
temple
iron
company
pledged
various
mortgages
pursuant
issued
outstanding
bonds
large
sums
aggregating
many
millions
dollars
bonds
held
purchasers
good
faith
value
throughout
world
many
years
prior
may
engaged
transporting
coal
said
corporations
markets
outside
state
pennsylvania
many
reached
railroad
lines
defendant
coal
transported
amounts
annually
several
millions
tons
constitutes
per
cent
entire
freight
tonnage
defendant
erie
company
also
denies
reason
ownership
said
stock
said
companies
owner
whole
part
coal
transported
interstate
commerce
interest
direct
indirect
therein
therefore
violated
failed
complay
clause
interstate
commerce
act
central
railroad
company
new
jersey
avers
organized
laws
state
new
jersey
laws
authorized
purchase
hold
stock
securities
corporation
new
jersey
elsewhere
also
suthorized
two
acts
assembly
state
pennsylvania
one
approved
april
entitled
act
authorize
railroad
canal
companies
aid
development
coal
iron
lumber
material
interests
commonwealth
pursuant
authority
several
acts
long
prior
said
act
congress
become
owner
majority
shares
capital
stock
honeybrook
coal
company
wilkesbarre
coal
iron
company
companies
merged
lehigh
wilkesbarre
coal
company
large
majority
whose
shares
owned
also
owns
minority
shares
temple
iron
company
became
lessee
lehigh
susquehanna
railroad
pennsylvania
corporation
ever
since
operated
obligation
pay
yearly
rental
less
mining
company
corporations
state
pennsylvania
since
lastmentioned
year
present
time
carried
coal
produced
mines
said
coal
companies
lawfully
established
schedule
rates
lines
railroad
approximately
per
cent
coal
mined
carried
destinations
outside
state
pennsylvania
mines
coal
coal
carries
mined
said
coal
companies
interest
therein
within
meaning
said
act
congress
either
direct
indirect
largely
producting
properties
belonging
coal
companies
located
either
directly
upon
contiguous
system
railroads
operated
said
defendant
render
transportation
railroads
reasonably
practicable
answer
lehigh
valley
railroad
company
originally
incorporated
september
laws
state
pennsylvania
authority
various
acts
assembly
said
state
railroad
coal
companies
prior
year
merged
railroads
expressly
authorized
construct
railroads
carry
business
mining
transporting
vending
coal
also
lessee
railroads
pennsylvania
means
said
leased
lines
railroad
conducts
many
years
conducted
interstate
transportation
coal
since
pursuant
authority
conferred
laws
pennsylvania
also
owned
majority
capital
stock
new
york
middle
coal
field
railroad
coal
company
corporation
state
pennsylvania
also
entire
capital
stock
coxe
company
corporation
said
state
minority
interest
capital
stock
highland
coal
company
majority
stock
locust
mountain
coal
iron
company
minority
interest
capital
stock
packer
coal
company
temple
iron
company
corporations
state
pennsylvania
organized
purpose
mining
coal
half
century
ago
constructed
lines
railroad
branch
railroads
terminal
facilities
purpose
transporting
market
interstate
commerce
coal
company
whose
shares
owns
business
conducted
many
years
practically
said
coal
transported
market
railroads
capital
stock
two
coal
companies
owned
said
defendant
transferred
trustee
hold
general
mortgage
executed
defendant
mortgage
bonds
amount
issued
said
defendant
outstanding
hands
public
capital
stock
coxe
company
incorporated
owned
defendant
aforesaid
transferred
assigned
held
trustee
collateral
trust
agreement
executed
said
defendant
dated
november
purpose
upon
terms
expressed
said
agreement
copy
annexed
said
answer
bonds
amount
issued
said
agreement
outstanding
hands
public
said
defendant
transports
annually
interstate
commerce
upwards
tons
anthracite
coal
shipped
said
coal
companies
whose
stock
owned
said
defendant
whole
part
aforesaid
transports
annually
said
coal
companies
wholly
within
state
pennsylvania
upwards
tons
nearly
per
cent
gross
annual
earnings
last
fiscal
year
derived
coal
freights
represented
per
cent
entire
freight
tonnage
greater
part
gross
earnings
coal
transportation
received
coal
companies
whose
shares
owned
mines
collieries
said
coal
companies
located
portions
coal
fields
tributary
lines
railroad
means
transporting
product
made
available
except
defendant
railroads
railroad
lines
defendant
time
time
extended
control
railroads
acquired
facilities
equipment
increased
enormous
expense
reliance
upon
rights
franchises
conferred
statutes
pennsylvania
aforesaid
large
part
defendant
earnings
derived
freight
passenger
traffic
incidental
dependent
upon
operation
mines
collieries
said
coal
companies
said
defendant
deprived
earnings
derived
transportation
coal
said
coal
companies
business
continued
except
net
loss
many
millions
dollars
per
annum