The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-11-18
Decision by the Interstate Com
merce Commission Of Interest
to Shippers.
- "a Presidents Agree to Pool
Despite the Law
orbidding.
Very General Feeling That Pooling
Should he Allowed Under the Direc-
tiOn of the Comm mission.

WASHINGTON, Nov. 1.-THE interstate
commerce commission to-day, in an opin-
ion by Commissioner Veazey. announced
it's decision in the oases brought by the
Georgia Railroad Company association
against the Cincinnati, New Orleans y
Texns Pacific Railway company. the Louis
isvlle IL Nashville, and other roads and
steamship lines. seven in all. involving
rates for long and short hauls from Cincin-
natl and other Ohio river points and from
New York and other north Atlantic points,
to points in the southern territory. The
long and short clause of the interstate COM
merce law is construed by the commission
in the light Of mora than five years opera
ton Of the law and decisions heretofore rem
dered by the commission and courts. Many
of the points decided are as follows:
The phrase common control, manage
ment or arrangement for the continuous
carriage of shipment" in the first section
of the act to regulate commerce. was in.
tended to cover all interstate traffic carried
through over all rail or part water and part
rail lines. The receipt successively of two
or moro carriers Of transportation of traf-
| tic shipped under through bills for contln-
uous carriage over their lines is assent to a
common arrangement for such continuous
carriage, and previous fomal arrange
ment between them is not necessary
to bring such transportation under the
terms OF the law. The total rate
for through carriage over two or more
lines, whether made by the addition OF es-
teblished locals or of through and local
rates, or upon less proportionate bass,
is the through rate that is subject to scru-
tiny by the regulation authority. The
| fourth section of the act is construed &C.
| cordinp to the principles laid down in the
case of the louisville q Nashville Railroad
company, in the I. Com. rep. 27S and 81
| rep 81, are reaffirmed, except the rullng
therein, whereby carrie were permitted
to Judge for themselves in the first
instance of what constitutes rare ana
/ peculiar uses of competition between rail-
i roads which are subject to the statute.
when a strict application Of the general
rnle of the statute would be destructive OF
legitimate competition, which ls overruled
i The competition of carriel subject to the
Il act to regulate commerce does not create
circumstances and conditions which the
carriere can take into account in determlr-
! ing for themselves whether th.y are justi-
fiel. under the fourth section. In
charging more for shorter than 1oI
longer distances over their lines.
The competition for markets In different
lines for the sale of commodities at
a given point served by both lines does not
create circumstances and conditions which
carriers can take into account III deter
mining for themselves whether trey are
justified, under the fourth section. IN
charging more for shorter than for longer
, distance over their lines. 10 determine
the force and effect of such competition IN
wolves consideration of all circumstances
which are entirely disconnected from tint
circumstances and conditions under Whlct
,rier has a right to Jndgt
whether it is justified i'll making
q gl eater charge for shorter distance, unde
! the fourth section, i'll all cases where cir
cumstances and conditions arse wholly
upon its own line or through competitor
for the same traffic with carriers not sub
iect to regulation under the act to regulate
) commerce. In other cases, under TIM
fourth section, the ci' cumstances and con
dtons are not IresumptiVely olssiiniia .i
{ and carriers must not cha ge less tor TN
LONGER distance, except upon order of thl
commission.
The @ seems to be limitation upon tn
power of the commission to grant relle
I under that provision when, after investi9a
( ton, the commission is satisfied that tn
s interests of commerce, and common falr
} ness to carriers, require that an exception
( should be made. ~
! The complaint in cases Nos. 324 and 32
{ are dismissed. In cases Nos 3l4, 3l5. ZIG
: 317 and 326 defendants are ordered to ceas
} and desist from charging more to tn
! shorter than to the longer distance point
{ mentioned in the complaint, or file appllcn
{ tions for relief under the provisions of tn
: clause of the fourth section. and showscaus
} thereon within time specified.