The herald., 1893-11-24
SOME RAILROAD LAW.
A DECISION RECEIVED FROM TIE
INTERSTATE COMMISSION.
More Than One West Bound Rate on
Household Goods Prohibited and
Holds That Consignees Are
to Pay Only the Rate.

In cases of Blanton Duncan VS.. Santa
Fe Railroad and VS.. Southern Pacific
Railroad the interstate commission de-
cision was received in this city yester-
day, and from it the following extracts
are taken:
1T lie ordered that an order issue re.
quiring the defendants to forthwith
alter or amend their classification and
tariff in conformity with our conclusion
herein, 30 that there shall not be two
west.bound rates on household goods,
emigrants' movables including house,
hold goods, and that one rate open to
all shippers and so published be put in
force."
The commission does not find evil
dence to show actual pooling, and cites
that on December 81, 1892, the trana-
continental existence appears to have
terminated.
"The complainant, it is proper to say,
does net ask for orders OF reparation
from this commission, and has insti.
tinted suits in court for the recovery OF
his alleged damage in both cases."
The decision confirms the right in all
cases for railroads to charge full lawful
rates and that ''while the demand OF
the full legal rate and detention Of
goods cannot be held to be violation
OF any provision Of the act to regulate
commerce, the question of the lawful
ness of such detention where the ship
per is an innocent party to the contract
and not In pari delete with the con-
tracing carrier will arise in suit at
law for the recovery OF the goods and
damages for their detention, and is one
for the determination OF the courts and
not within the cognizance OF this COM
mission. The trouble and delay
incident to such claims are 60 great and
vexatious as to preclude the conHignee
from attempting to obtain satisfaction
where, as is generally the case, small
amounts are in question. While for the
most part the sum in each case may be
small, the instances are so numerous
that in the aggregate they involve a
large and material amount. The
practice Gas it may be termed from its
frequency of overcharging is a wide
spread evil, which calls for remedy"
"As to the Objectionable matters, were
not, in our opinion, justified or proper
to be inserted in the answer in this case.
The matter referred to will be treated
as stricken out, and will not be consid-
cred in our determination of the ques-
lions presented. 1t is proper to say that
the use of offensive personalities and
statements, in pleadinge, when not es-
sential to q full presentation Of the
pleader's case, should be carefully
avoided, and that in this case it meets
with our disapproval.
The commission quotes the decision
of the supreme court of Alabama,
Mobile and Ohio railroad We. Dismukes
"A interstate Com. Rep. 200) az the set
tied law, by which the consignees are to
pay only the rates given in their con-
tracts or bills of lading. The court said:
"The shipper, in entering into it is
not, in the absence of knowledge on his
part OF the schedule rate, tainted with
criminality or violative of any provision
of the interstate commerce act. He
is entitled to the protection of that prin-
+, ciple OF law which enforces such con-
tract in behalf of the innocent party 60
it--a principle which we conceive to be
logically sound and thoroughly settled
upon authority"
Upon Whome points the commission
witbholds decision as "many other car
riers not before us as parties defendant
are interested. We deem it ad-
visable to leave this matter open for
future consideration and determination,
when all the parties in interest may be
heard and the whole subjected thor
oughly Investigated.