The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1896-04-01
The Long and Short Haul.
The Interstate Commerce
Law Construed.


of construction by the supreme court
of the United States to-day in Two in-
portant particulars The cases invo!v
ing the controverted points have been
on the docket of the court for many
months, and their decision by the court
has been anxiously awaited long time.
The FIRST case was that popularity known
as the Social Circle long and short haul
case, and grew out of the complaint Of
the James & Meyer Buggy com pany
against the Cincinnati Southern, Wes-
tern aud Atlantic and the Georgia Rail-
road companies. that they charged the
same for transporting buggies from
Cincinnati to Augusta, Ga, $40 miles
from Cincinnati, and to Atlanta, 414
miles; aud 80 cents more hundred 90
buggies to Social Circle, between At
lauta and Augusta, than to either Of
the other places 1t vas also charged
that the rates of SLOT to Atlanta we're
excessive as compared with the same
rate to Augusta, III miles longer haul,
apd the charge Of S1.37 to Social Cir
Gle was beth excessive aod uudue. AS
to the latter rates, the railroads claimed
that the goods we're DOT carried to that
poiut under common control, manage
meDt or arrangement Cor continuous
carriage or shipment. oat that toe ad1l-
tional 50 cents per hundred pounds was
the local charge for similar service by
| the Georgia company, and that, there
fore, the case CT goods carried TO So
cial Circle vas not within tn provisions
of the act.
The interstate commerce commission
ordered the railroads to make the rates
CD goods 90 more to Social Circle thao
to Augusta, and oD the articles 10 ques
ton the commission fixed the rate trom
Cincinnati to Atlanta at 81 hundred.
Tue case came to the supreme court of
the United States from the court Of ap-
pleals from the fifth circuit, whose
judgment sustained the order Of the
commission except as to fixing the
rates The conclusions Of the court
upon the points involved were
l. The Georgia Railroad Company
by entering into the carriage of foreign
freight. by agreeing to receive the
goods oy virtue of foreign through
bills Of lading, and to participate ID
through rates and charges, thereby
becomes part Of a continuous lSne,
for the continuous carriage or shipment
from one State 10 another, and amera-
bic to the federal act 10 the respect
to such interstate commerce. Having
elected to enter into the carriage os
iaters,ate freights aod thus subjected
itself to the control Of the commission,
it would not be competent for the COM
paoy 20 limit that control, "a respect TO
fore;gn traffic, to certain points III It's
road and exclude other poots-
2 There is 10 provision 10 "a &C.
:has expressly or oy necessary ia..';ea-
ton, coafecs ,he pover ou t;ae ea'n,nis.
s;ca 10 fiz rates
# we argued Oh behalf Of "A" on
m;ssloo that tie pawcr to pass u, the
reasonable necessary ezisiing s:;;es
implied right 20 prescribs .'ss
This ;he cears says, IS Dot nsec.>2:ily
SO. The rcasonaJieucss Of Is, ate.
10 q g;-ea ease, depends On tie acts,
a3a .te fa4ci;oi 6! The con.tn;sS;e'i IS to
consider ;aesa facts anG g;.e i:.ei,, t;lei-
proper weight Il the cossinssioa IN
stead of wi;hholdiag j2asmeu' ia such
:aa.!er aa:il al issue >ha! be tna1e
AVID the facts fouud. ieself 3zes { rate
tea, IS pgejudic:al q f!:e commission C
be reasonable. TIE judgment Of i;.e
court Of appeals vas sfir;l'.
The otaer case, that kncsn as tie
:mpor. rate case. involv'ag 'tc qaes-
tloa Of rates upon freiga:s imported
at the Atlantic seaPcr,s destined
10. points ID the in;et-ior. It cane
fror, the court o: appeals froa; the
second circuit. ehicn Dad sustained the
orde: of the interstate c'mnerce
commission :hat imported traffic
transported to any place Ia ;he C'a'ed
States frosa q po;nc os eu:ry or place
Of recep ioa, whether 10 sais cocAry
or in au adjacent fofe;gn cauntry, is re-
qGired 20 be takeo op the ISLAND tariff
Cover niog its freigbts, which The Texas
Pacific Railroad company had refused
TO obey The order vas issued at tie
icstance Of boards Of trade Of TIE sea
board cities which complained that the
railroads by taking imported freight at
less than domestic freight dis
crimioated ag;nst he products Of
this country. lu its answer to the
complaint Of the commission the rail
road set up that if it did not accept the
import traffic at the joint oceaa and raj