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UNITED STATES v. DELAWARE & HUDSON CO.

Nos. 559, 560, 561, 562, 563, 564, 565, 566, 567, 568, 569, 570.

213 U.S. 366 (1909)

29 S.Ct. 527

53 L.Ed. 836

THE UNITED STATES ex rel. THE ATTORNEY GENERAL OF THE UNITED STATES v. DELAWARE AND HUDSON COMPANY. SAME v. ERIE RAILROAD COMPANY. SAME v. CENTRAL RAILROAD COMPANY OF NEW JERSEY. SAME v. DELAWARE, LACKAWANNA AND WESTERN RAILROAD COMPANY. SAME v. PENNSYLVANIA RAILROAD COMPANY. SAME v. LEHIGH VALLEY RAILROAD COMPANY. THE UNITED STATES, APPELLANT, v. DELAWARE AND HUDSON COMPANY. SAME v. ERIE RAILROAD COMPANY. SAME v. CENTRAL RAILROAD COMPANY OF NEW JERSEY. SAME v. DELAWARE, LACKAWANNA AND WESTERN RAILROAD COMPANY. SAME v. PENNSYLVANIA RAILROAD COMPANY. SAME v. LEHIGH VALLEY RAILROAD COMPANY.

Supreme Court of United States.

Decided May 3, 1909.

Attorney(s) appearing for the Case

The Attorney General and The Solicitor General, with whom Mr. L. Allison Wilmer and Mr. Thomas C. Spelling were on the brief, for the United States.

Mr. John G. Johnson, Mr. Robert W. De Forest and Mr. Walker D. Hines for defendants in error and appellees. (Mr. Johnson and Mr. De Forest for defendants in error and appellees generally, Mr. Hines for the Delaware and Hudson Company.)

MR. JUSTICE WHITE delivered the opinion of the court.

We dismiss for the present a contention made by one of the corporations that it is not a railroad company within the meaning of that term as used in the statute, which we shall have occasion to consider, because it is merely a coal company whose transporting operations are but incidental to its mining operations. With this contention put aside, it is true to say, speaking...

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