Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1893-07-22
LAW FOR THE RAIL
Supreme Court Opinion on In
terstate Commerce.
THE STATUTE OF COLORADO UPHELD

And a Former Decision of the Same Court
Apparently Modified Against the Roads
Several Points of Importance Touched
Upon in a Manner That PIeases the Ma
tional Commission-State and Federal
Regulation Endorsed.
WASHINGTON. July 22-The decision of
the United States supreme court in the
case OF the Union Pacific VS. Goodridge,
just reported, holds that all shippers must
be treated by carriers with absolute equal
ity, and distinctly recognizes the right OF
law-making bodies to regulate railways
through railway commissions. especially
that feature Of state and federal regula
ton which requires carriers to obtain per-
mission Of the commission before grant
ing lower rates to persons and places.
The case was brought under statute of
Colorado which prohibits unjust discrim-
ination in practically the same language
as that employed in the interstate COM
merce law The same rate, 81 a ton, was
in effect to Denver from both Erie and
Marshall, but while Erie coal paid the
tariff rate Marshall coal was only charged
co cents per ton, reb te of 40 cents from
the schedule rate
Intention of the State Law
The controlling effect of this decision as
a precedent IN cases both civil and Grimm
al, arising under the interstate commerce
law, is shown 10y the following extract
from the opinion, which is by Judge
Brown: This act was intended TO apply
to state traffic the same wholesome rules
and regulations which congress two Yeas
thereafter applied TO commerce between
the states, and to cut up by the roots the
entire system of rebates and discrimina-
tions in favor of particular localities, spe-
cial enterprises or favored corporations, and
to put all shippers on an absolute equality,
saving only a power not in the railroad
company itself, but in the railroad com.
missioner, to except special cases design
ell to promote the development of the re-
sources of this state
Must Deal Fairly with the Public.
"The statute recognizes the fact that it
is no proper business of a common carrier
to foster particular enterprises or TO build
up new industries, but deriving it's fran
chise from the legislature and depending
upon the will of the people for its very
existence, it is bound to deal fairly With
the public: to extend them reasonable ia
cilities for the transportion of their per-
sons and property, and to put all its
patrons upon an absolute equality Scoop
posed is the policy of the act to secret re-
bates of this description that it requires a
printed copy of the classification AID
schedule OF rates 70 be posted conspicu-
Ously in each passenger station for the use
of the patrons of the road, that every one
may be apprise,l
De "nse Full of Fraud.
ITO hold the defense pleaded here to be
valid would open the COR to the grosseSt
frauds upon ne law. and practically enable
the railroad II avail itself ofany considera-
ton for rebate which it considers sufii-
cient, and to 9gree with the favored custo-
mer pom some fabricated claim for dam
ages which it would be difficult, if not i'm
possible, to disprove. For instance, under
the defense made by this company there IS
nothing TO prevent a customer of the road
who has received a personal injury from
making clair against the road for any
amount he chooses in consideration there
OF, and OF shipping all lis goods by that
road, receiving a rebate for all goods he
may ship over the road for an indefinite
time in the future.