The record-union., 1892-11-18
Special to the REcoRp-UNToN.

Special to the REcoRD-UNToN
WAsHTNGToN, Nov. 1.-THE Interstate
Commerce Commission, to-day, in an
opinion by Commissioner Veazy, an
nounced is decision in the cases brought
by the Georgia Railroad Company Asso-
citation against the Cincinnati, New Or
leans and Texas Pacific Railway Com
pany, the Louisville and Nashville, and
other roads and steamship lines, seven
in all, involving rates for long and
shorter hauls from Cincinnati and other
Ohio River points, and from New York
and other North Atlantic points to points
in southern territory.
The long and short clause of the inter-
state commerce law is construed by the
commission in the light of more than
five years operation of the law and de-
cisions heretofore rendered by the com
mission and courts. The many points
decided are as follows:
The phrase common center control.
management or arrangement for contin-
uouS carriage or shipment" in the first
secllon OF the Act to regular commerce.
was intended to cover all interstate traffic
carried through over all rail or part
water and part rail lines. The receipt
successfully of two or more carriers of
transportation or traffic shipped under
through bills for continuous carriage over
their lines is an assent to common ar
raugement for such continuous carriage.
and previous formal arrangement be-
tween them is not necessary to bring
Such transportation under the terms Of
the law. The total rate for through car
riage over two or more lines. whether
In IL
locals or of through and local rates or
upon less proportionate basis, is the
through rate that is subject to scrutiny
by the regulating authority.
Ihe ruling whereby carriers We're per-
mltted to judge for themselves in the first
instance Of what constitutes rare and Pc
culiar cases Of competition between rail-
road, winch are subject to the statute
when a strict application Of the general
rule Of the statute would be destructive of
legitimate competition, is overruled.
The competition of carriers subject to
the Act to regulate commerce does not
create circumstances and conditions
which the carriers can take into account
IN determining for themselves whether
they are justified under the fourth section
in charging more for shorter than for
longer distances over their lines. The
competition of markets in different lines
for the sale of commodities at a given
point served by both lines does not create
circumstances and conditions which car
rIerS can take into account in determining
for themselves whether they are justified
under the fourth section in charuino
more for shorter than for longer distance
over their lines. To determine the force
and effect of such competition involves
consideration of all which are entirely
disconnected from the circumstances and
conditions under which the transporta-
ton is conducted.
The carrier has right to Judge whether
it is justified in making a greater charge
for shorter distance under the fourth
section III all cases where circumstances
and conditions arise wholly upon its own
line or through competition for the same
traffic with carriers not subject to req
ulation under the Act to regulate COM
merce.
In other cases under the fourth section
the circumstances and conditions are not
presumptively dissimilar, and the car
rlers must not charge less for the longer
distance, except upon order from this
commission. There seems to be a limjta-
ton upon the power Of the commission to
grant relief under that provision, when
after investigation the commission is
satisfied that the interests Of commerce
and common fairness to carriers require
that an exception should be made
The complaint in cases Nos. 324 and 325
are dismissed. In cases No. 3l4, 3I5, 3l6,
3i1 and 3lS the defendants are ordered to
cease and desist from charging more to
shorter than to longer distance points
mentioned in the complaint, or file appli-
cations for relief under the provisions of
a clause of the fourth section, and show
cause thereon within time specified.