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May 28, 1913. Law - - Coal "Weighing---- M r. T. M. Sloan, General F re ig h t Agent. Lear S ir : I have your l e t t e r o f the 27th, My understanding is th at our in te r s ta te t a r i f f s p rovide th at fr e ig h t charges s h a ll be based upon mine w eigh ts. Such being the case, i t seems to me we must observe the t a r i f f on a l l in te r s ta te shipments u n til such time as the t a r i f f s in question may be declared unlaw ful, 0)n in tr a -s ta te shipments, I think we should fo llo w the prac­t ic e o f the oth er c a r r ie r s . I note that the Attorneys fo r the D. & R, G. think the law is u n co n stitu tio n a l. I am not p re­pared to pass upon th is p a r tic u la r p o in t, but inasmuch as the only p en alty fo r a v io la t io n o f the act is the r ig h t o f a ship­per to recover from the r a ilr o a d company the excess fr e ig h t p a id , I would advise th at we ignore the act and c o lle c t fr e ig h t on mine weights as h e r e to fo r e , I presume i f s u it is brought under the a ct, the roads should co-operate in te s tin g the c o n s titu tio n a lity o f the s ta tu te , I return herew ith i c lo s u re s , Very tr u ly yours,