Omaha daily bee., 1892-11-18

INTERSTATE COMMERCE..
Important Decision Made by the Con


Important Decision Made by the Com
mission.
WASHINGTON, ID. c., Nov. 1.-THE inter
State commerce Commission today. in an
opinion by Commissioner Veasey announced
its decision in the cases brought by tho
Georgia Railroad Company association
against the Cincinnati, New Orleans &
Texas Pacific Railway company, the
Louisville II Nashville railroad and other
railroad ana steamship lines, seven cases in
all, involving rates for the long and short
hauls from New Orleans and Ohio river
points. and from New York ana other North
Atlantic points to points in the southern
territory.
The long and snort haul clause of tho in-
terstato commerce law is construed by the
commission in the light of more than five
years operation of the law, and decisions
heretofore rendered by the commission and
courts. The main points decided upon are
rs follows; The phrase, common control.
management. or arrangement for con-
tinuous carriage or shipment" in the first
section OF the act TO regulate commerce.
Was tntened to cover all interstate
traffic carried through, over all rail, or part
water anu part rail lines. The receipt sue
ctssivelv OF two or more carriers for trails
portation or traffic shipped under through
ILLS for continuous carriage over their lines
Is assent to common arrangement for such
continuous carriage, and previous formal
arrangement between them is not necessary
TO bring such transportation un Ter the terms
OF the law
The total rate for through carriage over
two or more lines whether made by the uu-
dition OF established locals, or of through
and local rates, or upon a less proportionate
basis, Is the through rate that is su bject to
scrutiny by tine regulating authorities.
The fourth section of the act Is construed
aud the principles laid down in he petition,
oil the Louisville II Nashville Railroad com
pany, in the S. Com. Rep. 2TS and 81, Rep.
81, are rcafrmed, except the ruling therein,
whereby carriers were permitted to Judge
for themselves IN the first instance OC what
constitutes rare and peculiar cases of com .
petition between railroads which are subject
10 tho statute when strict application OF
the general rule of the statute would be
destructive of Legitimate competition" I"
which IL overrulea.
Tue competition of carriers subject 10 the
act 10 regulate commerce does not create
circumstances aud conditions which the
carriers can take into account in determn-
ing for themselves whether they are justified
under the fourth section IN charging more
for shorter than for longer distances over
their lines
The competition OF markets on uitferent
llnes for the sale of commodities at a given
point served by both liEes docs not create
circumstances and conditions which the
carriers can take into account in delermin
ing for themselves whether they are justified
under the fourth section in charging more
: for shorter than for u longer distance over
their lines 10 determine the force aud
efec, OF such competition involves consid-
eration of commercial questions psculisr 10
the business Of shippers, all of which are en-
tirey disconnected lrem circumstances and
conditions under which trans portalion Is con,
Quoted.
: The carrier has the right 10 Judge whether
I n Is Justified In making the greater charge
for the shorter distance under the fourth
section in all cases where the circumstances
and conditions arise wholly upon its OWE
line or through competition for the same
tranic with carrIerc not subject to regulation
under The act 10 reeulate commerce il
other cases, undcr the fourth section, tue
circumstances ana conditions are not pre-
sumptvely uissimilar and carriers must no
charge less for the longer distance except
upon the order OF this commissiou
There seems TO be limitation upon whict
Inc power OF the commission to grant relief
under the provision TO grant relief, when
after investigation. the commission is salts
fled that the interests OF commerce ana com
mon fairness To the carriers require that al
exception should be made
Jbe complaints in cases Nos. 32i and 32
are dismissed. In cases Nos. 3l4, 3l5 3lG
3i7 ana B26. the defendants are ordered L
cease and desst from char.ing more 4
shorter than TO longer distance points men
toned in the complaint. or file applicailon
for relief under the provision clause OF Ia,
fourth section aud show cause thereon
within time specified,