Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1889-08-03

nations at the expense of their weaker
neighbors, the intermediate points
on the lines of railroad, which may at
any time be withdrawn. The equaliza-
ton of the burdens upon commerce in the
relief of the intermediate points from
oppressive discrimination, viii promote
| more rapid and general development OF
the whole country and thus aid and ac-
| celerate the growth and prosperity of its
fFtrade centers.
In the treatment Of subject so vast
| and complex as the Interstate commerce
of this great country, of course wide
discretion was necessarily left by the
act to the commission which it created,
so that in the application and enforce
ment of the law injury to the railways,
and injustice to the interests which had
grown up under the old system might AS
far as possible. be avoided. The rulings
of the commission, so far as have seen
| them, seem to me, for this transition
period from the old TO the new system of
commercial regulation, TO be eminently
wise and conservative caring well for
the railroad interests Of the country, and
protecting faithfully the interests of the
people, avoiding, as far as possible, in
Justice to either, but adhering with rea-
sonable fidelity to the spirit ana text of
the law, and travelling in the direction of
a stricter enforcement of it as the coun-
try and the railroads become adjusted to
il. That there should be some friction
and some hardship in entering upon a
new system of regulation was to be
expected, but that this is being avoided
as far as it is possible to do it, I do not
think will be questioned by those who
viii examine the rulings and proceedings
of the commission. In order to illus
trate the correctness of this state
ment l here quote from an opinion
OF the commission, delivered on the
30th of March last: I'm the matter of
the tariffs and classifications of the
Atlanta and West Point rail-
road company and other compa-
MES being about thirty in number;
'"The intermediate points, which
seemed to the commission to have been
particularly in view in the framing OF the
act are the smaller places scattered along
the lines of the Southern roads; for ex-
ample, between Brunswick and Macon
and Macon and Atlanta. Owing to the
treatment which points of this kind re-
ceived from the carriers, there has been
little opportunity for the exhibition Of
local enterprises or for the development
of local industries. 1t has been custom
airy to issue tariffs from distant CONNER
cial centers to the larger Southern points
and railway functions as basing points,
from which rates to all the surrounding
intermediate territory were made by the
addition of local charges, usually framed
on a progressive mileage basis and iu-
creasing rapidly, the hauls being treated
as short and independent from the sew
eral basing points, and the combination
of the through and local rate being regu-
lated only by giving to such points the
benefit, as it is somewhat ironically
termed, 'of the lowest combination; by
which is meant the adoption Of such COM
bination as would produce the lowest
rate, whether the basing point was on
one side or the other of the destinations;
in other words, the shipper at these local
stations had the legal right to have his
goods forwarded to a point beyond his
depot and returned at local rates, if less
than the combination made from bas-
ing point in the other direction by add
ing the local rate therefrom to the through
rate thereto.
1.-The belief has forced itself upon this
commission with increasing strength
during the period in which 1t has OBJ
served the operation of various systems
of rate making in the Southern states
and elsewhere, that this system of COM
biued joint and local rates to points in
the Southern states intermediate TO the
so-called basing points is in very great
degree responsible for the lack of local
development in that region, except at
favored localities. That there are diff
culties in the situation is readily con-
ceded; that there are present and tempo
rarY advantages to the carrier in the
establishment of thriving cities and job
bing centers distant from each other 100
miles or more, with stretches of inter-
mediate territory where all collection
and distribution of articles of consump-
ton and products of the soil are made at
local tariff rates may also be conceded;
nevertheless, it Is the belief of the COM
mission that it was the situation Of these
local communities and others similarly
situated in other parts of the cou ntry,
mostly agricultural, without important
manufactures, mills, or other business
enterprises, and paying rates for trans
poTtatiOn largely in excess of the GUS
tOmary tariffs to competitive centers, that
attracted the attention of congress and
led to the Incorporation of the short haul
clause, sO-called, as leading feature of
the act to regulate commerce. Having
given a most attentive consideration to
this subject, it is the further belief of the
commission that the complaint of these
minor communities was just complaint;
the expression of the short haul princi-
pie has been clearly made in the act to
regulate commerce; and it would be the
duty of any tribunal competent to aid
in the enforcement of a statute of this
nature, to insist upon its execution, sub
ject only to such just exceptions as the
language of the act may reasonably sus-
tain.
"'When, therefore, competitive car
riers are enabled by harmonious action
to so adjust their rate sheets so as TO
bring their charges into conformity with
the general rule of the fourth section and
still realize reasonable and fair return
for the service performed for the public,
it becomes the duty of the commission to
see that the intermediate points receive
the benefits of such adjustment.
"By intermediate points the COM
mission does not refer to points
like Macon and Atlanta so much as
to the minor points alone the lines
of the various carriers. If the former
principle of adding local rates
from basing points is pursued the
effect of any advance of rates to ter
minals will be to advance them at all the