The Rock Island daily Argus. [volume] (Rock Island, Ill.) 1872-1873, 1873-07-05

OFFICE OF n. AND W. COMMISSIONERS,
July /, 1873.
To the Public:
Some important questions having arisen
under the act Of May 3D. 1878, to prevent
extortion and unjust discrimination, We
deem il proper to make known to the pub
lie our construction Of certain portions OF
the act
We would first direct attention to the
first section, which declares that if any rail
road corporation doing business in this
State, shall charge or receive more than
fair and reasonable rate of toll or compen-
sation for the transportation Of passengers
or freight, the same shall be deemed guilty
of eXtortiOn, and upon conviction be pun
ished by specific penalties The avowed
object of the statute is to prevent eXtor-
ton as well as unjust discrimination. In
making their rates of charges conform to
the requirements of the third section, de-
filming what would be prima Jac{e evidence
Of unjust determinations, the railroad com
panies must not ignore the first section for
bidding extOrtion. In our judgment the
rates Of charges prior to this date have
been in the main unreasonably high, and
any increase thereof would be a clear viola.
ton of the law
The following are the questions above
referred to
First: Does the act apply to through
freights as well as local freights?
Second. Does the act admit of any dis
elimination in freight tariffs based upon
the quantity shipped, or must the railroad
companies, TO comply with the act, adopt
one uniform rate per hundred pounds, per
car load, regardless OF the quantity Or the
amount of the shipment?
. Third: Where two or more railroads
operated by different companies, are SC
connected as TO form in fact one continuous
line, the shipments are made from point
on one road 10 point on the other, may
the charge be at the rate applicable t. the
distance over both roads, or at the aggre
gate of the local rates on each road?
Fourth Can railroad corporation,
hereafter issue excursion tickets?
After due consideration of these ques
tons we have arrived at the following con
clusion
l. The provisions of the act are appli
cable rs well to through as olocal treights
so far at least as to require that less should
be charged for the transportation of dom
este or local treightS from one point To an.
other within this state, than the sun
charged for the transportation of through
or foreign freightS the same distance with
in the State, and for it, transportation
from or to point without the State.
Thus The charges FROM point ives
of the State to point within the Stat,
must not be the same as, or less than thu
charges from the west line of the Stat
over the same road to the same point o
destination. so the charges from poin
within the State 10 a point east Of tn
State Must not be the same as, or les
thnn che charges from the same point q
departure W. the same road 10 the cas-
line of the State
80, also, the charges rso,o d. ,,oi,t ,y,s
of the State To a point east vi do St,t
must not be the same a.. or less than m
charges over the same road from the ives
line TO the east line of the State.
The general principle is, that tn
charges for any distance within this Stat
must not be the same or greater than tn
charges for a greater distance.
H. A reasonably less rate may b
charged per loo pounds per ton, or pc
car where large amounts of freight ar
shipped by the same person, than wher
small shipments are made, without violat
ing the act Determinations of this chai
acter as, upon fair business principles wer
JuSJ dnu FtdHoudblc before the passage {
the act, are not prohibited thereby. bu
seem 20 be recognized herein by the word
like quantity frequently occurring in IN
third section of the act
III. Where two or more railroads ar
owned and operated by different compar
les and are connected 80 As to form. !
fact one continuous line, and either of sue
companies receives freight upon it, road {
be shipped TO some point upon the othe
road the same may be treated, for purpo.
Is OF such shipment, as one entire line
and the same rate may be charged as
one company owned the road upon whic
the freight was shipped for the entire Iii.
lance, instead of charging the aggregat
OF the local rates on each road for the di.
lance sh5inped thereon.
~ Inc 49, expressly provides tina
nothing therein cont1n~-d Shall he .o com ,,
strued As TO prevent railrS'sss.S,' Do ~ G,l'
fy"m issuing Communication, extSs,u, .ll'''
thousand mile tickets, as the same hitPSy
To have been issued by such corporation
IL D. Cook.
d, A. BRowy.
joins W. PEARSON.