Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-08-16
LONG AND SHORT HAUL PROVISION.
Permission Asked to Meet the Rates of
Shorter Lines at Competitive Points.

| Permission Asked to Meet the Rates of
Shorter Lines at Competitive Points
BY section 10 of the commission law. the
commission is authorized, in order to pre-
vent manifest injustice, to allow the railroad
companies to charge more for i long than
for q short haul. As we have already suc
gcstcd, in the absence of commission with
power to fix rates for intermediate points,
the long and short haul clause Of the inter
state commerce law has served the purpose
| of preventing railway companies from en-
gaging in unhealthy competition at junction
points, and making up the loss by charging
unjust rates to intermediate points. In the
absence Of a commission with power to fix
the tariffs, while it should not be recognized
when principles which should control the
fixing of tariffs are allowed free operation,
and are not overthrown by unhealthy rail-
road competition at competitive points, II
may have been wise for the protection Of
intermediate points; but when we have a
commission charged with the duty of seeing
that rates to intermediate points are just
and fair IN Texas, and when ii man at an III
termediate point gets what the commission
finds he is justly entitled TO, can he com
plain-when he is done no injuIy-that the
railway company charges less to some COM
petitive point in order to meet the rate
made by the shorter line2 In order to en-
gage in the business at a competitive point.
charge less than at some of the intermediate
stations, or to lose rsvenue from all such
intermediate stations, and to give such in
terInedate stations less rate than they
are justly entitled TO, and thus discriminate
in favor of
SUCH INTERMEDIATE STATIONS.
What injustice can be done in allowing
the railway company TO charge lesser rate
TO the junction point, being the rate which
the commission has decided she is entitled
to, without giving the same rate to the in
termediate point, which would give her
less rate than the commission has decided
her justly entitled to.
What is there in the mere fact that the
railway before or after passing the interrne-
date point by its nam line or branch has
made circuit in order to reach B, desira-
bic point to compete for business2 If by
competing for the business at such points,
rates are not made higher at the iutermedi-
ate station than they otherwise would be,
where is any injury done to such station!
On the other hand as has been shown, if
the railway company Is prevented from do
ing business at competitive points, il loses
the revenue therefrom. however small,
and other stations on the line including the
intermediate point in question, will have to
make up the deficit, so that instead of be-
ing an injury or discrimination against
such point, by allowing the railway COM
pany to engage in competitive business at
the junction point, it enables it to charge
less at such point. To refuse 1t permission
to engage in the competitive business would
confer no benefit whatever on the interme-
date points, and it would be d manifest in-
justice either to the railway company Gn
the event that the condition of traffic is not
such as to afford ii the revenue 1t is enti-
tied tOl, or to the other stations along the
line, which would have TO supply the def
cit, caused by the loss of business at COM
petitive points
1t may be urged that aside from the con-
siderati0n mentioned the short line should
be allowed to do the business with B. think
this would be manifestly unjust to the long
line and to the people of B for many rea-
sons. Our road was built under the con-
stitutiOn and laws which not only eucOur-
aged, but demanded competition. (See
railroad article Of the constitution and sub
sequent acts Of the legislature on the same
subiect.) The railroad was thus built TO 3
on the faith Of the constitution and laws OF
Texas, which not only encouraged, but de-
manded competition in the business at B;
now to deny it this privilege would disap-
point the expectation induced by the
CONSTITUTION AND LAWS OF THE STATE.
Again, under the rates fixed by the COM
mission, while there would be no competi-
Jon from B in the prices. at the same time,
II the long line is allowed to engage in the
business, B would have the benefit of COM
petition in facilities, and two railroad
agents, instead of one, making themselves
polite to get business. In the busy season |
1t may frequently happen that short line,
if enjoying monopoly, would fail to fur |
nish reasonable facilities at B, concentrat- |
ing its facilities at competitive points. in |
order TO carry the business. and leave that |
al for a more convenient time. Such |
things have been done, as is evidenced by |
the records of our courts. II the long lines |
are allowed to DO business at competitive
points. they enjoy. as they are entitled to, |
the benefit OF competition IN facilities and |
activity. L, is true if the rates from the |
competitive points are so low that they will |
not pay the long line anything above the |
actual expenses of handling the same, it |
would not be proper for the long line to en-
gage in the business, but such is not the |
case in respect to any competitive points |
reached by the Santa FHe. Trains have to |
run TO such points anyway, and unless al |
lowed to carry competitive business they |
will generally go partially empty. Com |