Omaha daily bee., 1896-09-02
DECISION ON TEXAS RATES
Interstate Commerce Commiss'o on Gives Its
Answer at Last.
SAYS OMAHA is TREATED UNFAIRLY
Commissioner Ut Considers the Re-
suit II Victory for the Commcr-
cial Ctub-Opinion by Com-
missioner clements.

WASHINGTON, Sept 1.-(Special Tele-
gram.)-The Omaha Commercial club has
won a partial victory before the Interstate
Commerce commission on the charges pre-
ferred by it eighteen months ago against
the Chicago. Rock Island G Pacific rail-
road, the Chicago, Rock Island & Texas
railroad, and other roads engaged in the
carrying trade between Omaha and South
Omaha and points in Texas. The club
charged that these roads were guilty of
violations of the interstate commerce laws.
First Because rates charged 10y them be
tween Omaha and South Omaha and each
of the various stations on their roads
respectively in the state of Texas are un-
reasonable and excessive.
Second, those rates between Omaha ana
South Omaha and said stations ii Texas are
higher than between St Joseph, Kansas
city. St Louis, Hannibal, Fort Madison,
Kco(uk Davenport, Peoria Rock Island,
Moline and Chicago and said stations, and
by reason of this fact uniustly discriminate
against Omaha and South Omaha and ship
pers at those cities in favor of ST. JosCpA,
Kansas city. St. Louis, ilannibaL Fort
Madison, keollulS, Davenport, Peoria, Rock
Island. Moline and Chicago ana shippers
thereat, thereby subjccting the former Two
cities to undue or unreasonable prejudice
or disadvantage and giving the latter cities
undue or unreasonable preference or ad-
vantage.
The particular rates to which as alleged
in the complaint Of these charges are: ()
Glass rates between Omaha and South
Omaha aud Texas points (2) Rates on sugar
from Texas points to Omaha and South
Omaha, and rates on syrup from Omaha and
South Omaha to Texas points: (S rates on
cotton seed oil from Texas points to Omaha
and South Omaha; 4) rates on live stock
from Texas points to Omaha and South
Omaha, and 90 rates on packing house pro-
ducts from Omaha and South Omaha to
Texas points
CLASS RATES DETERMINATIONS.
The complainant alleged tha. "class rates
between Omaha and South Omaha and Texas
points should not exceed rates on differen.
classes between the points named" st.
Louis, Hannibal, KeolSuk, Fort Madison,
Davenport, Rock Island and Moline (and also
Kansas City and st. Joseph, and Texas
points. and that rates Commodity on
sugar, packing products, cotton seed oil live
stock and other commodities between Omaha
and South Omaha and Texas points, should
not exceed the rates between st. Joseph,
Kansas City and Texas points" Complain.
ant further states that the differentials of
rates between Omaha and South Omaha and
what is termed st. Louis territory and points
in Texas are as follows: On class l, 20 cents
per 100 pounds; class g IS cents class 3,
Is cents; class 4, 13 cents; class ., 10 cents;
class A, II cents, class B, 10 cents; class
C, cents class d, cents, and on class
e cents In addition the rates between
Omaha and South Omaha and Texas points
are the following dfferentials higher than
between Kansas City and St Joseph and
Texas points: Packing house products
south bound. cents per 100 pounds; cotton
seed oil, north bound. cents per 100 pounds
sugar, north bound, cents per 100 pounds;
live stock north bound, cents per 1OO
pounds.
POINTS PASSED UPON.
The main points in the decision which
was written by Commissioner Clements, are
as follows:
Carriers have no right to disregard dis
tance and natural advantages for the purpose
of bringing out commercial equality.
THE practice, If lawful of giving to Kan
sas City on shipments from the west through
Pueblo, Colorado Springs, Denver and Chey-
enne and from the northwest through Chey-
onne rates not higher than on such ship
ments to Omaha, furnishes no warrant for
giving Omaha rates from Texas points
higher than those to Kansas City the cir
| cumstances and conditions in the two cases
being substantially dissimilar.
while we are not advised why Kansas
City class rates are in any instance made
as high as st. Louis territory rates and it is
clear that Omaha rates should in all cases be
higher than those of Kansas City, yet as
the Kansas City as well as the st. Louis
territory rates are not in issue in this pro
ing upon their reasonableness in themselves
or relatively, no order will be made in re-
spect to them; for the present the matter OF
their readjustment in accordance with what
may appear to be consistent and lawful VIII
be left to the carriers interested.
Through rates are matters OF contract
between carriers composing through lines,
and the commission has no power to compel
connecting carriers to contract with each
other.
IF in case of shipments under a through
bill of lading and through rate, If the priv
ilege Of stoppage in transit at an intermedi-
ate point and trying the market there, and,
if it be found unsatisfactory, of reshipping
to the point of original destination at the
balance of through rate be lawful, the grant
ing of it to one locality and denying of it to
another, under substantially similar circum-
stances, would be an unjust discrimination
against the latter,
THE maximum class rates between Omaha
and Texas points should not be as high as
those between Chicago and Texas points
and should not exceed those between Day
export, Rock Island and Moline and Texas
points.
1T follows from what we have said as
to class rates that the rate on syrup from
Omaha should not exceed that from Dayen-
port. Boots shoes, hats and caps and dry
goods purchased east are class | traffic.
The class / rate from Omaha to Dennison,
Sherman, Wichita Falls, Dallas Fort Worth,
Waco and Temple is now the same as that
from Davenport Rock Island and Moline,
Under our conclusion above stated the rate
on this class from Omaha will in no instance
be in excess of the rate from the latter
points"