The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1884-01-11
THE INTEL. LI|GENCER.
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u Tho recent decision oil Judge Baudin, Of
Cleveland, against the Lake Shore Rail.
road Company aud the Standard OIL Com.
pany, "a worthy Of more than casual no.
itice, because It deals with giant wrong,
because 1t IL y blow at tho most powerful Of
monopolies, because 1t is in the public In.
terest, and finally because It is another
LINK in the strengthening chain Of dc.
cisions on theimportaut question OF freight
DETERMINATIONS. fortunately tho PLAINTIFF
were able TO cut from under the mouopolist
Combination all the "made ground" upon
which It has stood in defense o! preferential
contracts, and there was presented the ma.
ked question whether such secret aud mis-
chievous contracts may bs lawfully enter
Cd into. The decision turns on the rela.
ton OF common carriera to tho public.
ctilsld, shurmer 4 Teagle are retineIs
Of oil III Cleveland, from which point they
ship in car load and ten car load lots west
oyer the Lake Shore railroad. These re-
tiners claimed and were refused tho rebate
Of from len to forty cents barrel allowed
TO tho Standard Oil Company on similar
shipments. The Standard OIL Company
was charged, as other shippers were
charged, according to the published "iariG
rates." but the railroad company claimed
that It had right to make secret discyimi-
nation because OF contract entered into
with the Standard in 1876. BY the terms
Of this contrac! tho Lake Shore Railroad
was toget all the western shipments Of the
Standard, and tho oil company agreed that
its shipments in auy year should not be
less than in tho previous year. The rail.
load company set up that it was willing to
carry for plaintiffs ut the same rates allow.
ed 10 the Standard il plaintiffs would fur
nish IN equal amount Of freight.
RI This matter Of quantity is the bulwark
behind which discriminating carriers have
always sought refuge as safe asylum from
the reach Of the law. The Standard Oil
Company furnishes to the Lake Shore
Railroad Company 90 per cent Of its re-
fined oil shipments, ard 60 long as it may
enjoy preferential rates no other shipper
can hope to compete with it in the matter
Of quantity. AS Judge B!andin says: THE
contract for the lower rate would enable
thu favored party to undersell, and thus
control the trade, compelling other ship.
pers TO sell TO him who could ship on tho
lower rates, rather than themselves become
Shipper, aud thus the rate would enable
him to control the quantity Of freight, and
the quantity in turn control the rate. re-
sulting in the building up Of monopolies
at the public expense, making common
carriers the special servants OF the monop.
olis.e, and the general public the slaves Of
both"
Tho RAILROAD company Get up further that
the Standards oil was largely shipped in
tank cars provided by that company at its
own! expense, and that the Standard fur
nished improved terminal facilities. The
plaintiffs cut this ground away, also, by
offering to provide oil TINT the Standard
provides, and to bear all the risks that the
Standard bears, il by 30 doing they could
have the same rates Of freight. This, the
court said, permitted it ITO leave out Of
view the question as to the duty Of the de.
PENDANT to furnish tank cars il, in fact,
they are reasonably essential to the most
improved method OF transporting oil, and
whether, il they are thus obliged to furnish
them, they could insist upon the right to
mako the rate forthe carriage Of freight do.
pend upon favorable contract with u
shipper to furnish or provide nome part Of
the necessary rolling stock to perfectly
equip their road to accommodate the bust
neSs Of the public" This ia wholesome
intimation in passing which may encour-
age other shippers to seek protection in
the courts.
4 IN the spirit which has already been in.
dictated Judge Blandin emphasizes once
more the old and good doctrine that COM
mon carriers are not mere private concerns;
they arc public agencies and trusts. And
he quotes Judge Black Supreme Court OF
Pennsylyania) that railroad ''is public
highway, solemuly devoted to the public
uae;;" for, "when the lands were taken to
build 1t on they were taken for a public
use, otherwise they could not have been
taken at all. The court declared that in.
equality Of rates is unlawful; that oil COM
ers must DO treated alike; that the common
carrier cannot complicate the contract for
charges with Interior considerations or
favors Of whatever kind, for what eau not
be done directly ought not to DO permitted
to DO done indirectly; that ut is the right
Of the public to know. aud the duty OF tho
carrier in good faith to communicate, every
fact entering into its contracts with ship
per5 for rates, 30 that secret dscrim;na.
tons can no. be effected, to the end that
equal use Of the public highways may be
enjoyed by all; and these rights and duties
grow out Of the relation existing in fact and
in law between tho railways and tho peo.
pie, whose servants they ase." For these
reasons the court granted au injunction TO
restrain tho railroad company from dis.
eliminating against tho plaintiffs, and the
railroad company took IN appeal giving
bond in $4,000.
In West Virginia VIC have known some.
thing Of freight determinations, aud it may
be that in course Of time the decisions will
begin to come our way. Unfortunately
shippers in this state have been airaid to
contend for their rights lest the immediate
results might be greater wrongs.
5.7y5 PERSONAL. "a!
Dr. Mary Walker, attired in q full black
suit, iur-bound overcoat and plug hat. maid