New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-01-08

nxa4lAltOk4D lAN @GAS410 4<s
THE LOUISVILLE AND NASHVILLE WINS.
JUDGE JACKSON DEFINING THE JURISDICTION
or THE INTERSTATE COMMISSION.
Louisville, JAN Tin the United States Circuit cosrf
this morning Judge Jackson handed down his opinion IN
the case Of the Kentucky and Indiana Fridge Company
against the Louisville and Nashville Railroad Comps'
Some months ago the bridge company obtained ae'
cson Of the interstate Commerce Commission tnH tns
Louisville ana Nashville must recove freight fr tho
company at Seventh and Magnolia sts Louisville mo
Louisville and Nashville refused 10 comply, ana MO
bridge company asked the United States Circuit Court g
enforce compliance Reviewing the facts, Judge 'ScA,
son states that the Louisville and Nashville nehcr 70
ceves nor delivers freight ct seventhrst and Magno~
ave- 1t has no facilities for doing So and has fnefe
only right of way Gxtysix feet wide. Tho kcn'ucAs
and Indiana has not 30 much. The point Is moro
than . mile from either OF rospondontS TWO hes0ss
freight yards No interchange Of cars can Do msao
there without subjectng the respondent to extra ex
pcnse and additional Inconvenience. The cars woua
have to be taken by respondent to one or the other OK
It's freight yards In order to be put into place In MAKING
up the trains Tho exchange Of cars at Seventh ana
MAGNOLIA sts. would neccsstate the employment Oh
car Inspector who would have to be there night ana csy
II freight wcre takcn less than carloads, sheds ana pat
forms would havc 10 be built end tho ncighs wouu
have to DO rehandled at tho oompanys resusr iosns
depot. All such Interchange between the Louisvino
and Nashville and other roads is made the subject OF
contract and agreement about tho division Of expenses
and the rate Of compensation.
AS to the question Of Jurisdiction, Judge Jackson says
that the mode Of procedure before the Interstate CON-
merce Commission comedies IN many respects win tnf
usual mode of procedure before the courts but the con-
mission Is wanting In several Of the powers OF cour
It falls far short of final tribunal An action IN GOVT
a. a.. uArfcf n
ports are In the nature of report By roferoe ~
possesses neither Judicial power nor the power toen
force It's recommendations Tho court holds that u
not precuded from inQu1ng into matters reportoa ~
by the commission nor Is It bound by Its determlfS
tons. The question Of this courts jurisdiction vas
rassl BY the respondent and tho courts decided nat
the questions at issue properly came before the Fcos
courts Going back TO the facts, the court declsrea
that petitioner has facilities for reaching tho axsier
yards Of the respondent BY two routes The pcutonsr
does not Issue bills Of ladng to any Southern points or
TO Cincinnati. Tho roads over which shipmcns are
made furnish tho cars, bill the freight and collect mo
charges from the shipper. On the law and u, iaes
the court decided:
Pirst-That the Interstate Commerce Commission has
not final Jurisdiction In this case and that ms coafs
has Jurisdiction.
sccond-That this court not merely to enprce
the judgment of the commission, but was to decios sae
Thiid-The petitioner was not common carr" on'
der the provisions Of the Interstate Commerce 20 Inc
petitioner is only transfer agent a. TO thu rasns
offered at Scventhst. and Magnoliaave. Tsn cours
concurs In the dissenting opinion Of compnnonor
chooamaser as 70 TIL; Question The ton nSi
eysabs and Mssnols ave = not pgr place sson aof
force rsspondcnt to receive freight tsx The nth
g,s: s sss 'a Sss ss inc @
railroad company to exchange with al other roads
for through business on the same srMs s h ,gose
has contract for such exchange o. business. Inc |
bridge company was granted an appeal 70 the ou"'""e
Court.
WESTERN RAILROAD PRESIDENTS TO MEET.
A meeting Of Western rsllrod presidents viii be |
held at Tho house OF J. Perpot Morgan ct o'cock
this morning The invita,ios which is SIGNED BY
Drexel, Morgan d Co.. Brow Brothers d Co. and |
Kidder, Peabody 4 Co., state the purpose of tho con-
ference To be the perfection u machinery for carrying
out the recent agreement Of the Presidents II tho
agreement can be made unanimous. The Chicago |
and Alton has not yet asentnd TO the plan and 70 /
may not DO represented ct the meeting. It. u not |
that consifrAbe part Of tho limo WIN
DO taien up hy explanations on the part OF tho Ms
souri, Pacific and Rocb Island companies. Of the ro-
cent cutting OF passenger rates between Kansas City
and Pueblo.
The Missouri Pacec has been unable to discover /
the xUent who sold tickets below tho tariff. but tho |
Rock Island will resent specimens Of the tickets |
Rock Island rostord It's rates west hom Kansas city
aud tbs Missouri pacifc. BY rs president and acting
president has prgnised to discharge tho agent who
violated the rece't agreement
Aa1siEss REPORT DENIED.
II WIS ssscted In @The Times" yesterday that /
the southern tscihc. Missouri Pacific and Atchison,
Topeka and srta 70 RAILROAD companies had decided
to adopt Gearing house plan for the regulation OF
traffic In the southwest These three lines, it was said
held tho tAlanco OF power and could dictate their
own terms The trust had been formed at secret |
meeting representatives OF tho companies. held In
ast % Saturday. and the other limos west of tho
sfss,ssfpi were to DO forced into the arrangement.
n they Attempted to business By unfair means.
Unforenately the principal officers OF the Southern
and Missouri Pacific companies knew nothing about |
tho reported meeting or the clearinghouse pam |
attributed to II. @. Wood.
Parsons familiar with tho negotiations for settle
met of railroad differences at tho West were ct |
los TO know whether the publication caused by
spshy % trusts or desire to sDDla.d fresh so. .gnsr
tiat in either case nothing had been achieved.
CHANGING OFFICIALS AROUND.
r. W. wrcnn, general passenger agent Of the East |
Virginia and Georgia Railway, has ap- |
pointed g. H. Hardwick an assistant, with hoadQnsr-
tors 1t Atlanta Ca and transferred L. J. Ellis nom
Atlanta to New.York TO take Mr.. Hardw!cRs place ~
general passenger agent at the East. Tho changes
viii 20 into effect on Thursday. IL vas explained
yesterday that Mr.. Hardwick desired the change DO
cause no preferred Southern climate.
meeting Of tho directors Of the East Tennessee,
Virginia and Georgia Company Will DO held in this city
today for the purpose Of selecting second vice
president and general manager.
GEORGIA CENTRAL DIRECTORS ELECTED.
Savannah, Jan. 7.-The Central Railroad and Bank
ine Company to-day elected the following new Board
Of Directors, Il p. Alexander, II. N. Conner, J.
RAners, W. W. Gordon. W. q. Chisholm. J. X. Ga-
mott, Il. M. Green, and A. " vetsburg Of Savannah;
G. H. Phinisy, Of Augusta Patrick Calhoun, g. NJ
Inman, and H. T. lnuian of Atlanta. and John q.
Calhoun Of New-York There win pc no change In the
organization of the Board
CUTTING DOWN employees Salaries
The published dispatch that the Mssouri Pacific
Railway would reduce the salaries Of all employees
whose pay exceeded 800 month was confirmed at
A. IL city raxfa