The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1893-11-24
INTERSTATE DECISION.

/ Two Rates Not Necessary shippers and
Settlers Entitled tn Equal Privileges.
WASHINGTON Nov. 1S-The inter
| state commerce commission, in an
opinion 10y Commissioner Clements, an
nGunced its decision in the case of Blan-
| ton Duncan against the Atchison. To-
peka II Santa Fe system, and against
the Southern Pacific Co and the Louis
vile & Nashville Co. The decision con-
tains important rulings on rates on
household goods and emigrants' move
aGles. carload and less than car-load
rates, and the limit of carriers liability
III ease of loss. The opinion says:
The remed oi party for gods shipped re-
Sailing from delays. detention, loss, breakage
aud other deterioration or damage not attrbu,-
able To IA violation OF any provision Of the act
10 regulate commerce is b. appropriate action
i'll the courts
Where contract IS made with shipper bv
4 carrie member Of "A throul line Tor hin
ment of go ds over the line at less thln The
published lawful rate CHARGED shippers in gen
er;li, ii is not violation of the act to regla;el
commerce + the delivering carrier to ex-
act payment of the ful lawful rate before
delivery There is no necessary conGec-
lion or relation between the rates on traffic
of tue same class tran ported between the
sam; points in opposite irectionS over the
same road. an the fact that such rate in one
direction is materially higher than that in
the opposite direction does no aS in case of
iuls yer III sam line il the same direc-
uou. establish pyima faoie the unreason-
abeness OF the higher rate. This is
specially true where the hauls are OF
eat Length The rates charged on
household 2 Iois will not be declared unlawful
on The mere fact that, as condition of grant
ing them. the defendants REQ Uire the shipper 10
release all claims for damag IN case OF loss TO
the amount of 81 per %, pounds or sl.UOj per
-, 10 pounds, there being NJ PROOF showing
such rates are unreasonable. in view of such
mitat on II case o. loss the shippers remedy
-; Law.
Under the western class fcation and tariff
there are two westbouni carload rates from
Mississippi RIVER points TO the Pacific coast
iermjn Is on goods termed 'emigrants' move
ableo'' one general class rate and the other
desizn ,ted a commodity rate, and less than the
general rates The latter rate is published as
being open intending settlers only. " but in
practice, il rs given TO shippers indiscriminate-
ly, and does not appear II be Lnreason-
able in itself 1t is held that there is
neither propriety nor necessity for re-
tanning in he classification and tar
if either the two rates. o. the statement in
connection with the commodity rates that it is
open 20 intending settlers only as their ia
tention can only serve TO mislead the public
and AFFORD oppor tunitv for the practice Of yor.
itisTn and unjust discrim ma ton as between
shippers
The agreement OF the Transeontineutai asse-
cis tion On file with the commission is not, on
IT'S face. "A combination for the pooling OF
freights- or -iiv.s!o Of earnings between
7t1eren; aud competing roads. such as iz de-
clared unlawful by section D Of the act to regu-
hate commerce