Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1892-11-18
N "A NOTED RAILROAD cAsE'
Commissioner Veally's Construction
Of The Law.
.ta,,a Hustle. oT tho supreme
Couig 81 fh- pistrict Col
umbin Appointed

wAnnXaToE, Nov. 1.-The inter
state commerce commission today, ~
anoplnion by Commissioner Neazy'
.nneuneed It's decision In tho cases
Irought by the Georgia RAILWAY COM
u,ny association ngainst the Cinciu-
,,u. New Orleans a Texas Pacihc
Railway company, the Louisville q
Nashyillc aud other roads and steam
,hlp llnes, seven IN all, involving
,.ls, for long and short baull from
ciuc,nuati aud other Ohio river points
and from New York aud other North
Atlantic points to points In southern
tatltory. The long and short haul
clause OF tho Interstate commerce law
4. construed by the commission In tho
lirht Of more than five years operation
oflbe law, and the decisions hereto:orv
rendered by thu commission mud
courts. Some Of the points decided are
~ follows:
This phrase common control, nman.
ag.ment or encouragement for continuous
tsfflage or shlpmrnt In the first sec
uun Of the act 10 regulate commerce
was Intended 10 cover all Interstate
traffic carried through over all rail, OF
tRft water and part rail lines. The re-
criut sucressiveiy " two or more car.
rlefs Of transportation Of traflic shipped
under through bills for continuous car.
iiaae over their lines II assent 10 COM
mon arrangement for such continuous
carriage and previous formal arrange.
ment between them II not necessary TO
lflng such transportation under the
tefms OF law. The total rate for through
carriage over two OF more lines whether
made by tho addition OF established
locals or Of through and local rates or
upon less ptoportionate basic as the
through rate that IL sui Ject to scrutlpy
by the regulating authorities.
The fourth section ~ the act Is con.
slrued and the principles laid down In
the petitions OF the Louisville a. Nash.
VILE railroad company In the sub'com.
miltee's report 27S ana 81 arc re-af.
iiimei, except the ruling therein
whereby carriers were permitted 10
Judge for themselves Ia the flrst In.
stance OF what constitutes Inre AMI
PECULIAR cases OF competition between
railroads which are subject TO tbs statute
when a strict application OF the general
rule Of the statute would DE destructive
10 legitimate competition which IL
oyerfuied. The competition OF carriers
subject 10 the act TO regulate commerce
does not create circumstances anu con-
ditlOns which the carriers can take
into account IN determining lOr them.
selves whether they aru Justified under
the fourth section In charging more for
shottpr than for longer distances over
ihelr lines.
lite c.mpetition Of markets In
different lines for the sale OF cOmmodi-
Ties at q given point served 10y both
lines does not create circumstances and
conditions which carriers can take
into account In determining for them
selves whether they are justified under
The fourth section In charging more
Tor ( shorter than for longer distance
over their lines. TO determine the
force anu effect Of such competition
Involves considerable consideration OF
all, which are entirely discOnnected
from tbs circumstances and conditions
under which transportation ~ con.
ductei. The carrier has u right TO
Judge whether IL Is justified In making
greater charge for shorter distance
under the fourth section In all cases
Wnere circumstances and conditions
arise wholly upon its own line or
through competition for the same
hailic with carriers not subject 10 regu.
latlon under the act to regulate com.
merce. In other eases, under the
fOuitl aartIpn THAR ntrnu M al "a "a ,.a 4. al
conditions are not presumptively dis.
similar, and carriers must not charge
1855 Tor the long defiance except on or.
der Of this commission.
There seemp 10 be Limitation upon
The power OF the commission to grant
relief under that provision when, alter
Investigation, the commission II salts.
ned that the interests Of commerce aud
common fairness TO carriers require that
III exception should be- made. The
complaint In cases 324 and 1926 are dis.
missed. In casrs 3ls, Sl5, 3l6, 3l7 and
90 ne defendants arc ordered to cease
aud desist from charging more to
shorter than 10 longer distance points
mentioned In complaints, or file appli.
cation for relief under the provision oi
Tue clause OF the fourth section, ant
show cause thereon within time
Specified.
EMrTvIso UNCLE SANS POCKETS.
The heavy pension payments this
mouth amounting TO neprly sl5, 1000, 900
anu M unexpected falling oil In gov
srni lent receipts has reduced the cash
balance OF the treasury to s97, ESQ, 900,
nearly all Of which IL either IN subsid.
h'y silver, or on deposit with
national banks. A still further de
cline In expected before tho end OF
lhe month, but will undoubtedly be
oneof oil very close shortly by the
natural increase in revenue. Secre.
.aIy Foster pid today that notwith.
sanding the recent unusual heavy
utalna on the treasury and tbs fact
mat The sugar bounty for tho year
VIII amount to nearly Sl0,O0O,O00,
against the $4,000 for the year
previous, he was confident thai there
would lie no deficit la the national
hhances during the present fiscal year.
AN APPOINTMENT.
The President today appointed Louie
AcComas OF MARYLAND 10 ba aasnciat,