The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-08-17
THE THEATRICAL RATE VICTORY
Sound Reasons why Railroads Should Avail
Themselves of Wholesale Business.

Sound Reasons why Railroads Should Avail
Themselves of Wholesale Business.
The Globe Democrat of yesterday pub
lished dispatch from Cincinnati stating
that the party rate case had been dismissed
by the federal court. This is an important
decision IN favor of the theatrical profess
sion, The interstate commerce commits
sion filed petition praying the United
States court to issue writ of Injunction
retraining the Baltimore 81 Ohio from
continuing in what the commission alleged
was violation of the orders of the CON-
mission, and for decree imposing upon the
Baltimore & Ohio heavy fine II they
failed to obey the injunction If granted.
The injunction was not granted the 1ine
was not imposed, and the suit was dis
missed at the cost of the commission.
Judge Sage says in his separate opinion !:
'The history of railway passenger travel
for the last forty years illustrates the con-
slant tendency of special rates-1ncludlng
mileage, excursion and communication tickets
to reduce regular individual rates upon
the one hand, especially for long distances,
and upon tho other hand to increase the
facilities and accommodations, thus render
ing the service cheaper and better for the
general public.'' Judge Sage. after COM
| pairing the ordinary with mileage tickets,
| says: 1.-THE holder of the mileage ticket is
a wholesale purchaser; the other buys at
retail. The difference is recognized in
every kind of business, and no intelligent
and fair minded person thinks of com
planning of it. The mileage ticket, so the
| testimony declares, is especially liable to
abuse, and to be used by brokers for spec
ulative purposes. The party rate ticket, if
not, as some witnesses testify, altogether
unavailable for other purpose, is less SO
| than any other ticket, and reduces the
opportunity for either to the minimum. 1t,
| too, is wholesale ticket. 1t is open to
purchase to all at the one fixed price. 1t is
almost proof against fraud upon the COM
pany which issues it,
aside from the consideration that these
| tickets are in principle il no wise differen,
| from mileage, excursion and communication
| tickets, which is decisive, the fact that they
are on sale to all without discrimination
and without advancing rates for single
tickets, and the consideration above men
toned in favor of those who are on the roat
continually and whose business is upheld
by bringing the cost of necessary traye
within their reach, and those in favor o
the carrier, including many not mentioned
above, are ample for the vindication of TIT
respondent against the charge that 1t i
guilty of unjust discrimination and undue
or unreasonable preferences, and therefore
of violation of the provisions OF the seconl
and third sections of the act.'
Judge jackson says in his opinion: ~
can not be properly said in the present cas-
under consideration that the lower rat
given to a party of ten or more confer
upon such party an undue advantage II
consequence or injustice inflicted upon tn
single passenger. There is nothing com
petitive in the traffic of the single passen
ger and the party of ten or more which
would make lower rates to the latter oper
ate prejudicially to the former. Itis wei
understand that the cost of transportatio
service to the carrier decreases as distanc
increases, as trips are multiplied and a
the number transported is enlarged.
costs the carrier less proportionately t
transport party of ten or more than
does to carry single passenger. The ca
rier is entitled to fair profit for it's Sc
. vices, and when the. profit it derives fror
the larger number carried at reduced rate
reasonably corresponds with that resul
ing to carriage of an individual at
0 somewhat higher rate, what unjust di
0 elimination is made, or in what respects
: the individual subjected 20 undue prejudio
0 or Disadvantage A single passenger desil
ing or proposing to make ten or more sepi
rate trips may procure a ticket for them
y rates lower per mile than are charged Il
= single passengers on single trip tick
between the same points. Has it ever BET
O held that this would operate to confer
undue advantage upon the one, or subie
the other to undue Disadvantage A pa
y senger on a through ticket from New Yol
y to Cincinnati travels at lower rate p
mile between Pittsburg and Cincinnati tn;
o is charged the passenger travelling on
= between said places. The two may trav
% on the same train and in the same car, b
the difference in rates each is paying ov
the same distance is not unjust discrimin
ton or undue preference, because the Sc
K vice is not Identical.
}. "But what is the real underlying primo
d pie which sanctions and justifes the dl
ference in charges in such casesa 1t is tn;
the carrier may make reasonable conce
sions in the way of reduced rates in consi
Grafton of longer service and more freque
= trips. The reason and the principle equal
apply to an adjustment of rates based up,
numbers transported.
"Our conclusion upon the whole case
It that party rate tickets, as used by defer
ants, are not in contravention of section:
and OF the act to regulate commerce, a
that the order of the commission reQuiri
and enjoining the defendant to cease a
L discontinue the use of said tickets is L
lawful, and should not be enforced by tt
court. 1t is accordingly so ordered and {
Judged. Globe Democrat.