The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-11-18
FREIGHT CHARGES.
Decision by the Interstate
Commerce Commission.
IMPORTANT CASES SETTLED.
Rates for Longer Distance rIust Not
Be Less Than for Shorter Distance
Over the Same Road.
Special 10 THE MORNING CALL.

WASHINGTON. Nov. 1.-THE Interstate
Commerce Commission to-day, in an opinion
BY Commissioners Veasey, announced its de-
cision In the cases brought by the Georgia
Railroad Company against the Cincinnati,
New Orleans and Texas Pacific Railway
Company. the Louisville and Nashville and
other roads and steamship lines. seven in
ali. involving rates for long and short hauls
from Cincinnati and other Ohio River points
and from New \ ork and other North At
lantie points TO points in the southern terri
tory. The lOng-and-s hoTt-haul clause of the
interstate commerce law is construed by
the commission in the light of more than
five years operation of the Law and the de-
cislons heretofore rendered by the commits
sion and the courts.
Some of the points decided are as follows:
The phrase Common center, control, man
agement or arrangement for the continuous
carriage Of shipment in the first section of
the act 10 regulate commerce, was intended
10 cover all interstate uafiic carried through
10 destination, over all rail or part water
and part rail lines. The receipt successiVely
of TWO or more carriers OF trans spoI tatiOn OF
traffic, shipped under through bills for a
continuous carriage over their lines is an
assent TO common arrangement for such
continuous carriage, and a previous formal
arrangement between the ~ is not necessary
10 bring such transportation under the
terms Of The law.
The total rate for through carriage over
tNO or more lines, whether made by the
addition OF established locals or of through
and local rates, or upon less proportiOnate
basis, Is the through rate that is subject 20
scrutiny by the regulating authority.
The fourth section of the act is construed
and tie principles laid down IN the repeti-
Ilons Of the Louisville and Nashville Rail-
road Company in the Senate Committees
REPORTS 25o and 81. Renurt 81 is Teaffirmed.
except the ruling ther In whereby carriers
were permitted 10 Judge for themselves in
lie nrSt Instance OF what constitutes rare
and peculiar cases OF compe titon between
railroads, which are subject TO the statute
when strict appl cation of the general rule
of the statute would be destructive of legi-
innate competition. which is oEerruled.
lie competition Of carriers, subject to
the act 10 regulate commerce, does not cre-
ate the circumstances and conditions which
The carriers can take INTO account in deter
mining Tor themselves whether they are
justified, under the fourth section, in charg-
lug more Tor shorter an for longer dis
tances over their lines.
HE competition Of markets 10 different
lines Tor the sale of commodities at A given
point, served by both lines does not create
The clrcum stances and conditions which
carriers can take into account in determin-
ing Tor then selves whether they are iusti-
hed, under the fourth section, in charging
acTe tor a shorter than for longer distance
over their lines.
To determine the force and effect Of sucb
competition involves the consideration of
matters which are entirely disconnected
from the circumstances and conditions
under which transportation is conducted
De carrier has the right 10 Judge whether
d. J. Justified In making greater charge for
shorter distance under the fourth section
In ali cases where circumstances and cOndi-
Hrs rise wholly upon its own line. or
through competition for the same traffic With
carriers who are uOt subject 10 regulation
under the aei TO regulate commerce. In
other cases under the fourth section the
Circumstances aud conditions are not pre-
sumptlveiy disslmilar. and carriers must
not charge less for the longer distance, ex-
cept upon the order of this commission.
There seems to be a limitation upon the
power Of the commission to grant relief un-
der that provision, when after investigation
the commission Is satisfied that the in-
terestS Of commerce and common fairness
10 carriers require that an exception should
be made
The complaint in cases Nos. 324 and 325
are dismissed. In cases numbered 3I4, 3l5.
3l6. 3lE and 326, the defendants are ordered
cease and desist from charging more TO
shorter than TO longer distance points men,
toned in complaint or file applications for
relief under the provision Of the clause Of
the fourth section aud show cause thereon
within time specified.