The Dickinson press. (Dickinson, Stark County, D.T. [i.e. N.D.]) 1883-1927, 1892-10-22
JUSTICE BREWER DECIDES
ON THE LONG AND SHORT
HAUL.
All Previously Accepted lnterpre-
tatlons of That Clause Of the
Interstate Commerce Law
Is Completely Over
turned.
An Important Decision.

st. Paul, Mimi, Special, Oct. IS
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 ]. Brewer, chief justice
OF the court of appeals for the Eighth
district and associate justice of the
L tnlted States supreme court.
The far-reachng effects and the ma
tional Importance of the decision consist
in it being Il reversal of the hitherto pre-
vailins construction of the long and
short haul claus. 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
necessitatcs revision of the rates; it
declares the foundation supporting the
railro I'd legislation of til. Western states
i" rest upon an erroneous view of the
meaning, intent AID 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-
tablishcd will have Il bearing upon all
questions arising under the "long and
short haul" clause.
1t holds That no railroad is required
to arrange its local rates on the basis
OF Its through rates, and that through
rates arc entirely distinct from local
rates whenever the through rate is es-
tabllsllcd by combination between two
or more roads. In other words, that if
n railroad has a through rate from Il
point west of Chicago to the seabonrd,
uni the part of the through rate given
The road 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 Il state of facts con-
stitul'1 no violation Of the long and
short haul clause" The opinion goes
50 far as to hold that if two companies
ny agreement make a joint tariff over
both lines, or any part of their lines,
such IL Joint tariff is not the basis by
which the rcasonabcness of the local
tariff of either line is to be determined.
learned judge has drawn fine distinc-
ton on the meaning of the word line
He states that when two companies,
owning connecting lines, unite in Joint
through tariff, they form of the connect
"n &c. roads a new and independent line
Inc two railroads have then become
three lines, ard each may establish their
rates to suit themselves. This distinction
is thu 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 tn" rlargcs on the long or
through line has no bearing on the
charges made by either of the short or
local lines. 1t then follows That since th,.
through lin" and the local lines are dis
tilrt TIL" local line cannot be said to have
Violated he long and short haul clause"
because" its rates are higher than the
rates of the through lire. The denun-
raticn of the clause is against each com
I;,"n carrier separately for the violation
OF the 81 llse on its own line.