The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-04-20
THE AUGUSTA SOUTHERN WINS
ITS CASE AGAINST THE WRIGHTs-
WILLIE AND TENNILLE.

The Latter Must Transport Its
Freight at the Same Rate Mt
Which IL HauIs Freight for the
Central-Part of Judge speer's De-
Southern to Give Bond for Amy
Damages in Case of a Different De-
termination on Appeal.
Judges Pardee and Speer of the United
| States circuit court for this division of
the Southern district of Georgia have
rendered a decision sustaining the petit
| ton for mandamus made by the Augusta
Southern railroad, against the Wrights-
Vile and Tennille Railroad Company.
The two roads had contract for the
carrying of freight, by which freight was
accepted from the Augusta Southern for
transportation over the wrightsville and
Tennille at the same rates as it was &C
| cepted from other lines On December "A,
1895, this contract was Withdrawn and an
order issued providing for its discontin-
uance on the part of the Wrightsville and
Tennille. Since that time the Wrightsville
and Tennille has been charging the Cen
trail of Georgia Railroad Company 81
per ton for transporting the same class
Augusta Southern S2.76 per ton for haul
ing. This Judge Speer says is wrong and is
not in accordance with the provisions of
! the interstate commerce laws. Speaking
of the order disseminating the contract he
| says:
This manifesto is as far-reaching as It
| is broad in effect. Before 1t was issued
| freights brought into Georgia at Augusta
| from the phosphate mines or other in
| dustries of the Carollnas, from the COM
mercial marts and centers of manufacture
! of the other Atlantic states might have
| been distributed to the people by either
of two routes, the Central or the Wrights-
| Vile and Tennile. Shipments via the Au-
| gusta southern, transported by the
| Wrightsville and Tennille, might be de-
livere1 TO the steamboats, which ply on
the Oconee, the Ocmulgee and the Alta
mana, and bear the manufactured neces-
sites Of civilized life to Doctortown and
Silver Bluff, to Red Blur and Poor Robin.
Delivered to Macon and Dublin, at the
latter city the cars might be transports
ed on new and valuable all-rail route
to Macon itself, Hawkinsville might read
lily be reached by the river, and a large
fertile and rapidly developing section or
Georgia might have the advantage OF
competing lines of road. The Augusta
Southern itself might be permitted to
I'VE. But the rates and percentages there
tofore accorded to the Augusta Southern
were withdrawn. 1t is true that the
WrightsVille and Tennille did not refuse
to move the cars. of interstate freight
rendered it by the Angus "a Southern, pro-
! vided that road would pay So cents per
| ton more than it had ever before exacted
II does not appear from the record why
the extraordinary demand was made
/ Every condition and suggestion advanced
IN the respondents answer existed when
| the previous arrangement was to inter-
cnang9 OF interstate freight was of force
The WrightsVille and Tennille switches
the cars at the junction for the Central
| ana for the Augusta Southern. The SER
| vice is similar. With rigid impartiality it
charges each road one dollar per car for
| this service. The cars of each are moved
tnlftV-SiX 70
| be, as far as we are informed no differ
| ence at all in the service rendered the two
| roads. Why then should the Wrightsville
and Tennille charge the Augusta Southern
/ VIC per ton for haul of thirty-six miles
and the Central only $40?
1t is said in the answer of the Wrights-
| vile and Tennille that the Central is a
| larger and more powerful than the Au-
gusta Southern, but the interstate COM
| merce law does not authorize discrimina-
ton in favor of larger road or a better
| customer. The .Wrightsville and Tennille
| insists that 1t does not connect with the
| Augusta Southern, for the right of way of
the Central is between them. But it has
no more connection with the Central, and
tne Central Is not directing to the use of
| its right of way and magnanimously so
| far as the record discloses, gives the same
adyantage TO either road. Now if the
| Wrightsville and Tennille railroad, a diff
| ferent question might be presented, but the
! answer assures us that the Wrightsville
and Tennille is strictly Independent road
and is controlled by its own directors.
He then disposed of the point made that
| the Wrightsville and Tennille is a local
road wholly within the state.
| He says further no fair or equitable con-
struction will justify the exaction of To-
| cal rates for freights not local, where SER
| vice belonging to local rates is not Of
| fered, and this, for the purpose of divert
ing traffic, or sitting a competitor The
| application of local freight rates as in
! strumentalities of warfare between rail-
| roads as to interstate or foreign through
freights, unless such rates are actually
] a irwin
| clearly under the ban of the national law
us the rate of S2.76 a ton on freight in
itself not local but through freight per
| Sc unreasonable? As we are now inform
| ed, we think it is. The independent we'll
| managed and prosperous respondent,
| charges the Central $40 for service
which seems precisely similar in Character
! to that rendered the complainant, and it
formerly charged the complainant the
| same rate. The conditions of the traffic re-
naming unchanged this is at least pre-
| sumptive evidence that $40 is enough, and
if it is S2.76 is unreasonable.
For the purpose of this application
/ then, we find that a charge of $276 a ton
/ on Interstate freights shipped under con-
| ditions similar to those where the Central
| is charged $240 per ton, to be an unreason-
| able and unlawful discrimination. We find
| that the respondent should be inhibited
under such circumstances from exacting
on such shipments more than it exacts
| from the Central so for similar services.
| We also direct that the Wrightsville and
Tennille railroad. when this rate is paid
| or rendered by the Augusta Southern,
shall without unnecessary delay forward
and deliver such shipments of interstate
! freights TO their destination and shall af-
/ ford equal and fair facilities for the inter-
4 change of interstate business.
1--WE further find that the Augusta
| Southern shall give bond with security to
| be approved by judge of this court in
/ the sum Of ten thousand dollars s10,000O0
to secure the Wrlghtsville and TenniIle
/ for the difference between the rates of
| $40 and 2.76 per ton on interstate ship
| ments in case it should be hereafter as
certained that such a discrepancy is not
an unlawful discrimination; and that both
parties shall prepare the cause for final
| disposition as speedily as may be practic-
able, and that a mandamus be issued and
served conformably to this finding under
/ the provisions of section 10 of the act of