Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1890-09-06
RIGHTEOUS RULING.
A DECISION OF GREAT INTEREST TO OIL
SHIPPERS.
The Interstate Commerce Commission Deals The
Standard Monopoly Another Blow-0l in
Tanks and Cars Must Go at
the Same Rates.

WA~HlNGTON, september J.-Ihe Inter
State Commerce Commission to-day filed
their decision by Commissioner Schoon-
maker in the case of Rice, Robinson and
Witherop against the Western New York
and Pennsylvania Railway Co. aad others.
The cOmplainants alleged that the roads
charged IS cents per barrel Of petroleum
from Titusvillc, Pa, TO Buffalo, y. Y, and
but - cents per barrel from Titusville TO
South AmbOy, n. j., the shorter haul be-
ing part a part of the latter haul only;
that the defendants required barrel ship
ments TO he loaded I'm the cars, that the
freight charged was an unjust discrimna-
tiOn against the cOmplainants and against
the city of Buffalo, and that by making
more favorable charge TO shippers in tanks
than to shippers in barrels, unjust discrim-
ination was made in favor of the Standard
Oil Company.
ILLEGAL FAVORITIsM.
The Commission holds: The acquisition
and consolidation by a rail carrier under
one system of management of different
competing lines of road, serving the same
territory in the carriage of competitive
traffic 10 the same markets cannot create
right on the part of the carrier 10 take ad-
vantage of the consolidation of interests TO
deprive the public OF the benefits Of fair
competition, nor afford warrant for op-
pressive discrimination with view to its
own interests, such rs cqualizing profit
from its several divisions by making rates
and charges for one division that give
profitable markets TO portion of its
patrons and higher rates and charges for
another division. that are destructive TO
the pursuits OF other patrons which are
competitors I'm the same business, but its
duty to the pablo requires that It's service
must be alike 10 all who are situated like.
SO TANK DISCRIMINATION.
\ carrier that employs different methods
for the transportation OF petroleum oil,
and its products In car loads, for example
tank cars i'm which oil iscarried in bulk and
box cars in which the oil is carried in bar
rels, is not relieved from the duty in re
spect to the inequality of rates by the diff
ference IL makes between its patrons in
the mode of carriage, but its charges for
like quantities carried between points of
shipment and destination must he equal
upon the commodity itself, irrespective Of
the mode Of carriage or the tank or barrel
package in which it is contained Differ
cuccs in circumstances and conditions OF
transportation that are of a carriers own
creation or convenience, on that by reason
able effort on the part of carrier might be
avoided, cannot justify exceptional rates.
When carrier engages IN transporting
oil in tanks, and also in barrels, conveyed
In box cars, in car loads, and charged for
the weight OF the barrel as well as the oil
carried by tho box car mode of transpOrta-
ton, but for the weight of the oil only
when carried in tanks, IL uujustly discrim-
mates between shippers and subjects the
traffic 10 undue prejudice and disadvantage.
DUTY TO FURNISH EQUIPMENT.
The fact that a carrier does not own tank
cars, but accepts and uses such cars sup
piled by some of its patrons for their own
traffic, is unimportant so far as rates are
concerned. IL is a carriers duty TO equip
its road with iustrumentalities of carriages
for the traffic 10 undertakes 10 carry and 10
carry and % furnish them alike 20 all who
have occasion for their use, and its duty to
furnish equipment cannot be transferred
to nor required of shippers. When carrier
accepts and uses cars for transportation
owned by shippers or others m legal
contemplation. IL adopts them as its own
for purposes of rates and carriages, and
neither the manner Of acquiring cars, nor
inability 20 furnish its general patrons the
use of cars similar 10 those furnished by
some shippers for their own traffic, can eX-
cUsc or Justify "a carrier for discrimination
in rates, thdt may give one Shlppef adNah-
tagcs over another; nor can any device
such as payment of unreasonable rent for
use of cars furnished by shippers be prac-
ticcd % eyadc the duty OF equal charges for
equal services.
THE LEAKAGE ulSDMNlNNTloN.
The allowance 10y a carrier 10 a shipper
of oil in tanks of 45 gallons. or any number
of gallons from the actual quantity put M @
tank fOraIleged leakage orwaste in transpor-
tation, is. I'M the absence of a corresponding
allowance to shippers I'm barrels, unjust dis
crimuaton and unlawful. The classified
tiou of petroleum oil and It's products in car
loads adopted and generally applied by car
riers is the same, and the rates upon oil and
IFS products should correspond with their
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