The Bottineau pioneer. (Bottineau, N.D.) 1885-1895, 1892-10-22
JUSTICE BREWER DECIDES
ON THE LONG AND SHORT
,.ssa HAUL.
All Previously Accepted Interpre-
tations Of That Clause OF the
Interstate Commerce Law
Is Completely Over
- turned.
An Important Decision.

St.. Paul, Mimi, Special, Oct. 49,
A decision which will affect every
railroad in the United States was filed
yesterday in the United States circuit
court of appeals. The decision was de-
livered by David J. Brewer, chief justice
of the court of appeals for the Eighth
district and associate justice OF the
United States supreme court.
The ~far-reaching effects and the ma
tional Importance of the decision consist
in it being q reversal of the hitherto pre-
vailing construction of the 'long and
short haul" clause of the Interstate
commerce law" 1t thus upsets the basis
on which rests the tariff charges of every
railroad in the country, and i'll so doing
necessitates a revision of the rates; it
declares the foundation supporting the
railro ID legislation of the Western states
to rest upon an erroneous view of the
nearing, intent ard legal effect of the
much discussed clause; and it wipes out
of existence the vast code of rules and
regulations that has been adopted for
the regulation of railroad matters. The
decision is final so far as the particular
case is concerned, and the principles es-
tablished will have a bearing upon all
questions arising under the 'long and
short haur' clause.
1t holds that no railroad is required
to arrange it's local rates on the basis
OF its through rates, and that through
rates are entirely distinct from local
rates whenever the through rate is es-
tablished by a combination between two
or more roads. In other words, that if
q railroad has a through rate from q
point west Of Chicago to the seaboard,
and the part of the through rate given
the 0 from Chicago westward to the
shipping point was less than the rate
the same railroad charged for similar
freight between the shipping point and
Chicago, yet such a state of facts con-
short haul clause The opinion goes
so far as to hold that if two companies
by agreement make 4 joint tariff over
both lines, or any part of their lines,
such a joint tariff is not the basis by
which the reasonableness of the local
tarl1f OF either line is to be determined.
In reaching the above conclusion the
learned Judge has drawn q fine distinc:
ton on the meaning of the word line
tic states that when two companies,
owning connscting lines, unite in a joint
through tariff, they form of the connect
ed roads a new and Independent line.
The two railroads have then become
three lines, and each may establish their
rates to suit themselves. This distinction
is the novel point on which the entire
opinion hangs. The long line, of course,
uses the same tracks. and mayhap the
same ears. as one or both the shorter
lines, but the charges on the long or
through line has no bearing on the
charges made by either of the short OF
local lines. 1t then follows that since tn.
through line and the local lines are dis
tirct the local line cannot be said to have
violated the long and short haul clause
because it's rates are higher than the
rates of the through lire. The denun-
ciaticn of the clause is against each com
MOI carrier separately for the violation
OF the clluse on it's own line.