National Republican., 1888-02-24
rnE STANDARD on CASES.
Railroads Ordered to Cease Disorim,
nation and Excessive Charges,


An elaborate opinion was promulgated yes
tcrday by the interstate commerce commission
In the case Of George Rice, Of Marietta, ohio,
against the Louisville and Nashville AMI sew
eral other railroads. charging among other
things discrimination in favor OF the standard
OIL Company. Alter giving the syllabus OF tn"
case the opinion says that the compainants
method OF shipment was in barrels. This was
the only method for which any OF the de-
fendGn,y supplied rolling stock To- their
patrons. The Louisville aud Nashville, eod
ihC CiDtinnaii, New Orleans and Texas Pa
ciic companies had each few tank cars. but
the tanks upon them were owned by the STANG
dsfd Oil Company 6p Kentucky, and they
were not obtainablo by others. Parties desr-
ing 10 ship oil in bulk BY tank cars could only
do so BY procuring and rendering to the rail-
road companies the cars for transportation.
The defendants by their rate sheets gave rates
on oil In barrels, and TO many towns, but not
all, on oil IN tanks also. Generally the rates
on the transportation of oil in tanks were car
rates, hut In some cases they were by the hnn.
dfed pounds The rato.sheets gave no iufnrma.
ton a. 10 how tank cars were to be obtained.
The commission decides tnat II was the
duty ui The dt PENDANTS to publish Information
on this subject with their rate sheets, and That
they did not fully give the information regard.
log rates which the act to regulate commerce
intends shall be placed before the public un-
less they did SO.
1t is obvious, says the commission, that iu-
stead of the defendants ofcrugtwo methods OF
transportation, which are open to the accept
hnee oiall, they offer only one which Is 50
IL cen by possibility he accepted only by
parties who can control considerable capital,
and who will supply for themselves an i'm
pcrtRnt part of the means OF transportation,
aud also supply terminal facilities. Tue man
OF small means who adopts the method of
transportation in barrels cannot be said to DO
so of choice when the failure of the carrier to
supply for the other the customary meaus Of
transportation compels him TO do so.
does not seem TO US either Just plarirl'
TO ,ay under. such circumstances that the per
son whose oil is carried in barrels has voiuu.
tRrily chosen that method, and has no con.
cern with the charges imposed on his com.
retitor who adopted the other; He is, on the
contrary, vitslly concerned with thrse
charges, and, II lis cwn are not to be galged
in some degtoe by them, he may be fuineo
in his business without redress even though
Themselves may seem not unreasonable.
The commission lays DOVE the general rule
that the tank Is to be cOnsd fred u part OF tile
charge ought to be the snmt, by the hundred
pounds a. is made on the Transportation of
baric els of oil in car losd l4s IN o her cars
Even then the shipper in lbirres Is at some
casbe,s as wei As on the ", but tnis, as be-
tween him and the carrier Npot unjust This
ruling dS; not pTecnde allowance for
II be fcesonaele, Stt, on tne> contrary, 1t as
sumes that such allow snce will be made. But
" SHOULD be made on some system, by some
rue OI nDlotmlly. hul lne huInOrltV 10 MAKE
II must not, carelCssly or otherwise, be made a
means OF discrimination.
The case of each OF the defendants was then
considered separately, and in the case oi The
Louisville and Nashville railroad an order
was entered that defendants cease their unjust
discrimination; that they cease to make tank
rates when the tanks differ In capacity. and
that they conform their charges ON tank car
and barrel shipments to the rule above pre-
sCfibed.
In the case of the ST. Louis, Iron Mountain
and Southern Railroad Company the commits
sion finds that defendant made excessive rates
on barrel shipments, and that the effect was
TO nniustly discriminate against complainant,
and TO give undue and unreasonable prefer
| ence to shippers by tank ears. Order was en-.
tered that its charges be corrected and made
to conform to the rule.
In the other three cases, the Mobile and
Ohio, Mississippi and Tennessee. and Illinois
Central no orders were entered The commis
sion states that while the questions raised by the
charges are important they scarcely received
any attention either in the taking Of the evil
| denee or in the arguments which were made
on behalf OF complainant. A decision upon
| them would affect other parties quite as much
as 1t would the parties raw tefore the commits.
sion, and under such circumstances 1t would
be improper to pess up"n them now.
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