The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-11-18
LONGAND SHORT HAUL
Several Decisions by the Inter-
State Commerce Commission.
1t Looks Like a New Combine would Be
Formed With the sid of the same
Commission.

WASHINGTON, D. O., Nov. 1.-THE inter
state commerce commission today, in an
opinion by Commissioner Veazey, an
nounced It's decision in the cases brought
by the Georgia Railway Company sssocia-
ton against the Cincinnati, New Orleans
and Texas Pacific railway company, the
Louisville and Nashville and other roads
and steamship lines, seven in all, involving
rates for long and short hauls from Gin
cinnaIi and other OHIO river points and
from New York and Otner North Atlantic
points to points in southern territory. The
long and short haul clause of the interstate
| commerce law is construed by the commits
sion in the light of more than five years Op-
GRAFTON of the law, and the decisions hereto
fore rendered by the commission and
courts. Many points decided are as fol-
lows:
The phrase common CONTROL manage
ment or arrangement for continuous car
riage or shipment In the first section OF the
act to regulate 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 of traffic
shipped under through bills for continuous
carriage over their lines IS assent to COM
carriage and previous formal arrangement
between them is not necessary TO bring
such transportation under the terms of
law. TIE total rate for through carriage
over two or more lines whether made by
the addition OF established locals or OF
through and local rates or upon q less pro-
portionate basis as the through rate that is
subject to scrutiny by the regulating au-
thorities.
The fourth section OF the act is construed
and the principles laid down in the petit
tons of the Louisville and Nashville rail-
road company in the subcommittee
report 27S and 81 are reaffirmed,
except the ruling therein where
by carriers were permitted to judge for
themselves in the first instance of what
constitutes rare and peculiar cases Of COM
petition between railroads which are SUB
ject to the statute when strict application
OF the general rule OF the statute would be
destructive TO legitimate competition which
is overruleC. The competition of carriers
subject TO the act TO regulate commerce
! does not create circumstances and condi-
/ tions which the carriers can take into ac-
count in determining for themselves
whether they are jus flied under the fourth
| section in charging more for shorter than
| for longer distances over their lines.
| The competition OF markets in different
I lines for the sale of commodities at z given
/ point served Oy 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 charging more
! for shorter than for longer distance over
/ their lines. To determine the force and
| effect OF such competition involves oonsid-
cradle consideration Of all, which are en-
tirely disconnected from the circumstances
and conditions under which transportation
is conducted. The carrier mas G right TO
Judge whether it is justified in making q
greater charge for shorter dis
lance under the fourth section in all
cases where circumstances and conditions
arise wholly upon its own line or through
competition for the same traffic with car
riers not subject TO regulation under the
act to regulate commerce. In other cases,
under the fourth section their circumstan-
ces and conditions are lot presumptively
dissimilar, and carriers must not charge
less for the longer distance except on order
of this commission.
There seems to be limitation upon the
power of the commission to grant relief
under that provision when, after invesiiga-
ton the commission is satisfied that the
/ interests of commerce. and common fair
ness TO carriers require that an exception
should be made. rhe complaint IN cases
324 and 325 are dismissed In cases 3l4,
315, BIO, 81 and 326 the defendants are or
dered to cease and desist from charging
more to shorter than TO longer distance
points mentioned in complaints or hle ap-
plicatlon for relief under the provision of
the clause of the fourth section, and show
cause thereon within time specified.