The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-10-18
IMPORTANT TO
Decision by Justice Brewer Involving
Provisions of the Interstate Law.
Through Lines Are Not Local Lines Nor
Through Tariffs Local ariffs-lnteryiew
with Mr. Roberts of the Pennsylvania

The United States Circuit Court of Ap-
peals was in session at st. Paul yesterday,
and handed down eight decisions. one of
which is of national Consequences lead
ing decision by Justice Brewer in W
cases involving the application of the pro-
visions of the interstate-commerce law.
In this decision the decision of the court
below Is reversed and the case ~remanded.
In effect tho coart decides that through
lines are not local lines, nor
through tariffs local tariffs within
the provisions of the interstate-commerce
law. The action was brought under the
interstate-commerce act. John Osborne. of
Scranton. Ia. suing the Chicago d North
western railway for the recovery OF alleged
ov~ercharges on corn shipped to Chicago.
In January, 1888, he shipped east to Chi
cage. but, finding the through rate to New
York was cheaper q month later, he began
shipping through. taking advantage of the
cheaper rate. and sued Tor the difference in
rates. Judgment being given in bis favor
for e225. That decision 10 reversed. In his
opinion Justice Brewer says:
Where two companies owning connecting lines
of roads unite in a joint through tariff they form
for the connecting roads practically a new and
independent line. Neither company is bound to
compellabIe to use a Joint tariff with il. It may
insist upon charging its local rates for ali trans
portation over its line. II they make a joint
ness of che local tariff Of either line
Is etermined -. In the .long-and-short
haul' provision of the law the use of the
word cline" is significant. Two carriers may use
the same road, but each has its separate line.
The defendant may lease trackaee rights of any
other railroad company; but the Joint use OF the
same track does not create "the same line" so as
to compel either company to graduate its tariff
by that of the other. In this act joint tariffs are
make the local tariff subordinate to or measured
by the joint tariff. its language would have been
rlear and SPECIFIC.
The Pepnsylvania Inspection Party.
The Pennsylvania inspection party ar
rived in the city at 5 r. NJ. yesterday and
went TO the Denison House to spend the
night. The party consists of George b.
Roberts. J.. N. Dubarry. j. p. Green. n. p.
Shortridge . A. M. Fox, H.. ID. Welsh, II.
II. Houston. George Wood, A. N. Little, w.
II. Barnes. Edward Smith. ID. w. Sellers.
Samuel Res, d. s. Newhall. j. NJ. Harding
E. NJ. Bunting. j. H. Speakmsn and Z. NJ.
Morton of Philadelphia, James McCrea. j.
7. Brooks, j. L. Davidson. Joseph Wood.
NJ. j.. Becker, William Thaw and s. b.
Liggett of Pittsburg, E. b. Walls. of Co.
lumbus; j. F. Miller, of Richmond, and j..
N. Cassell, of Washington. d. &. At Up. NJ.
the entire party sat down to dinner at one
table, which was handsomely decorated
with q floral display.
After dinner most of the party spent the
evening at the places Of amusement or VS.
iting friends in the city. President Roberts
remained In his room most of the time.
His recent trip to Europe has improved his
health and he has a robust look. In speak
ing of the European roads be said: There
IL but little to learn from them as TO oper.
ating roads, as their methods would not be
adapted TO this country. A trip over one
of the European roads causes o feeling that
everything is completed. Everything has
D finished appearance which American
roads do not have. and this tends to make
one feel comfortable and lazy when riding
over their railways, especially English
lines. European railways have one ad-
vantage: The government protects them
es well as the public and one never hears
thore of scalping tickets OF dissemination
In rates. English laws on such matters are
we'll considered and dIgested. and are en-
forced to the letter. This 10 illustrated in
the English clearinghouse; this law was
passed in 1850. and never has it been amend
ed. 1t is a great aid In harmoniZing mat
ters and in the maintenance Of rates be-
tween the different roads, Mr.. Roberts
said that all laws pertaining to railroad In.
terests are very carefully prepared. the in
tention of the law-makers being to treat
the roads and the public fairly. No action
of this character 10 taken hastily, but alter
q law Is passed IL is nforced.
In speaking of the portions OF the Penn
sylvania system over which the inspection
party had passed MIR. Roberts sald 1t was
in excellent physical condition. The Penn
sylvania Company had purchased and
placed In the tracks the present year 100,
300 tons of heavy steel rails, more than was
ever purchased in any year in the history
money had been expended in bet
srty. both east and west of
Plttsburg. In speaking or his stay at Gin
cinnati on Sunday. he said there was some
thing sad about it, He inquired after old
timo railroad men in that city who always
met the Pennsylvania officials on their Wis
It's to Cincinnati in the early years of rail-
roading, and found most of them gone;
then he thought of his first official trip tu
that city In 1865, when. in company with
Thomas Scott, then president of the Penn
s~ylvania lines. and eight Others. they Wis
tied the city for the purpose of considering
the bridging of the Ohio river. OF that
party he is the only one now living.
Mr.. Roberts spoke of the improvements
in Indiana. and especially in indianapolis
since he first visited the city as an 9TH Ger
of the Pennsylyania lines. Enterprise and
intelligence had taken the place of sloth-
fitness and illiteracy. and the general ap-
pearance through the State is that it is be-
coming n rich and prosperous community,
Indianapolis especially, he thought, had
made remarkable strides. Mr. Roberts
said that this trip had no special signifi.
canoe: 1t was their usualannual inspection.
This morning the party will take q drive
over the city. and at 10 A.. NJ. leayo over
the Vandalia for ST. Louis.
More Rate Cutting.
James Barker, general passenger agent Of
the Louisville. New Albany * Chicago. or
returning from New York. learned that the
PennsyIvania lines add the Big Four hat
made a s. round.trip rate to Chicago and
return from indianapolis. and IS rate from
Cincinnati and Louisville TO Chicago an(
return. without consulting him.. He i'm
mediately t~elegraphed ID. Is. Martin. gen
eral passenger agent of the Big Four. ant
Z. A. Ford. general passenger agent of tn,
Pennsylvania lines. that the Monon would
sell tickets, round trip. Indianapolis ts
Chicago. at a75. the present one-way
rate, and from Louisville to CHI
cagO and return at So rate. il