New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-11-18
LONG AND SHORT HI ULS.
TIE INTERSTATE COMMERCE COMMISSION
RENDERS A DECISION.
SEVEN CASES INVOLVING POINTS UNDER TIE
LAW PASSED UPON.

LAW PASSED UPON.
WASHINGTON Nov. 1.-THE Interstate Commerce
Commission I'm an opinion by Commissioner Ncahey'
announced It's decision in the cases brought py INC
Georgia Railroad Commission against the 'ihcii'l"l'
New orleans and Texas Pacific Railway Company ana
other railroads and steamship lines, seven cases IN
all involving rates for longer and shorter hauls from
Cincinnati and other Ohio River points, ana from
New-York and other North Atlantic ports, 10 points III
Ioutb.rn territory The main points decided are as
follows
The fact of a receivership for defendant carrier
subsequent TO complaint should not Interfere win tue
progress OF a proceeding brought merely Tor the pr
pose OF railway regulation
The phrase common control management OF ar
rangement for continuous carriage or shipme"' IL,
the first section of the law intended to cover all
Interstate traffic carried through alra or part water
and mart rail lines The receipt succesSveiy 10y TWO
or more carriers for transportation OF railc shpPeu
under through bills for continuous carriage over ue
lines t. assent a common arrangement lor such 'o'
rnuous carriage or shipment, and previous formal
arrangement between them Is not necessary 10 pri"e
such transportation under the terms oil the law
The tot.l rate for through carriage over TWO or
more lines Is the through rate that Is subject "
scrutiny by the regulating authority; how the RATE
is made Is only material as bearing upon the Legality
OF the aggregate charge and how any reduction may
be ACCOMPLISHED IS matter for the carriers TO determine
among themselves.
The fourth section of the law Is construed, and the
principles laid down In repetltons OF Louisville ana
Nashville Railr6ad Company, Interstate Commerce he
port 275; l, l. c. c. Rep. 81 Is raihrihcl' ca
cent the ruling whereby carriers permitted to
Judge for themselves of what constitutes rare ana
peculiar cases of competition between railroads which
are subject to the statute, when strict application
Of the general rule of the statute would De destruc
tive Of legitimate competition" which Is overruied
Tho competliion of carriers not create cOndi-
lions which the carriers can take into account Ill
determining whether they are Justified In charging
more for shorter than for longer distances over their
lines.
The competition of markets different lines for
the sale Of commodities at a given point served by
hath lines doe, not create conditions which the car
rprs can take into account in determining whether
they are Justified In charging more Tor shorter ''
for longer distances their lines Carriers cannot
create abnormal situations by making rates which
eouazc advantages and disadvantages Of localities
and therein Don claim justification for greater charges
on shorter haulS
The carrier has the right TO Judge whether 1t is iusti-
fed in making the greater charge for the shorter dis
lane. In all cases where the conditions arise wholly
I'D N It's own line through competition for the same
rnhc with carriers not subject to regulation under the
law. In other cases. carriers must not 'iiIse l'ss iDi
the longer distance except upon TIE Oruer Oh TINS 'o
mission. 49,, n,
When a carrier on complaint AYERS substantial dis
similarity IN conditions lu,fyng It's greater charge
for shorter haul,. fl ahrmaively show that the
conditions are, In fact substantially dl>>imllar' Dut
upon IN application for relief the carrier Is hos
limited by S,ch rule Of evidence and may present 70
Tho Comii ,spn every material reason Tor an orctr IN
is favor. There to be no limitation upon the
I1,ynr Of I'M. Commits sion to grant relief under that
provisO when. after investigation. the Commission Is
,atl fled that the interests Of commerce and common
fnirncS, 10 the carriers require that an exception
should 10 made. 49,
The complaints In No. 324 and No. 32o are
dislls sod In cases Nos. 3l4, $40, tio. - anu
a26 defendants ordered 10 dcsist from charging
more 10 shorter than % longer distance points men.
tloneG In the plains. file applications for relief
under proyi>o ause Of the fourth section and show
cause thereon, within q time specified