Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1888-09-20
Not ThatSort Of Law
The Interstate Commission H.
Eliminates a Point
AND OORRECTs A MIsAPPREHENsION.

Sohe IkaiiWays VINO ihouSht the In"
Worked Both Ways Sent on Their Way
Not Observation-Disclosures Manages to Put
the Chinese Bill in State of Suspension
Help for the Fever Stricken DoIngs in
Congress-BnIs Passed.
WASHINGTON CITY, Sept. 2D-The inter
state commerce commission yesterday,
through Chairman Cooley, filed an elaborate
opinion in the matter of the Chicago, st Paul
& Kansas City Railway company. This
company in June last notified the commission
that owing to the action of competing lines
covering rates between Chicago and St Paul
and Minneapolis, it had been obliged to re-
duce its own rates between those points be-
low the rates which it could afford to accept
to intermediate points. so that upon Its line
there would be greater charges made upon
the shorter haul than upon the longer in the
same direction, and it stated that if com
plant should be made Of this it would under
take to justify its action under the inter
state commerce law.
When the hearing was had at Dubuque,
Ia, the C, st. p. 4 h c. showed that it
| had reduced its rates to meet those of the
| Burlington & Northern, which it claimed
was carrying freight at a losing rate. The
| former company also claimed that the pro-
| vision of the interstate law providing that
all rates shall be reasonable and just should
be interpr eted from the railway standpoint
as well as from chat of the shippers; in
other words that they should be reasonable
and just to the railway, which losing
rates were not The company therefore
| asked that It's rates either be sanctioned or
| fha G. ba 81,
| to a paying basis
The h. & n. introduced evidence to prove
that its rates were paying ones but the
evidence was not strong, and it was shown
that the railway was falling behind for the
| current year.
1hs Chicago, Milwaukee & ST. Paul also
appeared and offered similar evidence 10
that of the Chicago, st, Paul Il Kansas
City, and took similar position. The prin-
cipal question, therefore, raised was whether
the commission had the power to compel the
Burlington & Northern to increase its rates
to remunerative point if they were found
to be below that point. The commission dis
claims possessing any such power. 1t hold,
that congress, in the provision requiring all
rites 10 be reasonable and Just WAS legis,
lating for the protection of the general pub
lie, and not for the protection of railroad
companies against the action of their OWL
managers, or against the unreasonable com
| petition OF rivals, and that it was never in
the contemplation of congress that it should
be within the power of the com
mission TO order an increase i'll rate
which, in its opinion, ought to have been mad
higher than they were In this respect i
was supposed that the railroad companies
had ample remedy in their own hands, il
the authority which they possessed to max,
, the rates, and that the protection needet
from the government was the protection o
those who would be compelled to pay tn
I rates that should thus be made
p The further question was discussed whethe
the fact that the Burlington & Norther
made rates which are unreasonably 10y
} made out the dissimilsr circumstances an
conditions under the fourth section of th
act which would entitle the respondent CON
pany to make greater charge on the shorte
haul which claim was made by the Chicago
I st Paul & Kansas City The commission
> thinks it does not, because if it does any on
railroad manager in the northwest may, a
pleasure, by foolish tariff sheet, give t
= one or more points of railroad competitio
e preference ana advantage over a
others, and this would defeat or
of the leading purposes had in view in adop
: ing the act, which was to put an end to I'll
= Determinations which before were so con
mon between different localities, and pr
=" vent the building up of one plaza at the e,
y pense of others by means of discrimination
d in freight charges in favor of that plaza
viii not do to say that the rates to int
letliate stations are just and fair in and
r. themselves. The question of what are iu
a and fair rates is always relative Low rat
to one place may not be just if still low
II rates are given TO a rival
r An order will be entered that the C, 5
at P. & X C. cease from making its prese
illegal rates.
1t Incidentally in discussing the case, t
n commission say they do not understand
q what ground the Burlington q Norther
while insisting that its rates from Chica
~ to st. Paul are remunerative, can JUST
Id charging the same rates for one-third
NJ two-thirds the distance. Upon its ov
=, showing these rates seem to be excessive.