The herald., 1896-03-31
RAILROADS and THE LAW
SUPREME COURT DECISION 0P A LONG.
AND-SHORT-nAUL CASE
Acceptance Of Through Rates Makes a Rail-
road Amenabie to the Interstate Commerce
Law-The Import Rate Case Decision
Favors the Foreigners
Associated Press Special Wire.

AbSOClhteu frcSS Spoclhl Wlro.
WASHINGTON. March 3O.-An opinion
was given by the supreme court today in
the long and short haul case, involving the
validity of the provision of the interstate
commerce act prohibiting a higher charge
for short than for long haul, appealed
from the decision of the circuit court of
appeals of the fifth district. The appeal
was taken by the railroads. The title of
the case was the Interstate Commerce
Commission VS.. the Cincinnati. New Or
leans and Texas Pacific Railway company.
The decision of the court below was
affirmed in the main, the opinion holding
that in cases of shipments from one state
to another on through bills of ladiDg, rail-
road companies could not exempt parties
and give them special rates.
In his opinion Justice Shiras stated that
the real question at issue was whether the
various railroad companies engaged in the
traffic from Cincinnati to Augusta and So.
cial Circle we're SO engaged under COM
mon control, management or arrange
ment for a continuous carriage or ship
ment, within the meaning of the interstate
commerce act. and the conclusion, he
said, was that they were 60 engaged. The
Georgia Railroad company, one of the
parties involved, had set up the claim that
as its road lay wholly within the state of
Georgia it did not fall within the scope of
the act. The court refused to accept this
view, and Justice Shiras added that when
this company entered into the carriage of
foreign freight by agreeing to receive the
goods by virtue of through bills of lading
and to participate in through rates and
charges. it thereby became part of con-
tinuous line and thus became amenable to
the interstate commerce act.
We hold that when goods are shipped
under a through bill OF lading from a
roint in one state to another, and when
such goods are received in transit by
sta ta orrto doro a Al
division of charges, such carriage must be
deemed to have subjected its road to an
arrangement fer continuous carriage or
shipment within the meaning of the inter-
state commerce act. 1t follows, he says,
that it is within the jurisdiction of the
commission to consider whether the Geor-
gia company, in charging higher rate for
shorter than for a longer distance over
the same line in the same direction, the
shorter being included in the long-r dis
tance, was or was not transporting prop
erty in transit between states under sub
stantially similar circumstances and con-
ditions. He adds that there is no provision
in the law empowering the commission to
fix rates. Justice Shiras also took ocra.
sion 10 reprimand the pi iactice of railroad
companies in Withholding the larger part
of their evidence from the interstate COM
commission, and by first producing it in
the courts.
Justice Shiras also handed down an
opinion in the case oe the Texas Pacific
railway VS.. the interstate commerce COM
mission, appealed from the circuit court cf
appeals for the second circuit, known as
the import rate case. The opinion of the
supreme court reverses the opinion of the
circuit court, which held it was illegal to
charge less on imported goods than Dimes
tic articles. The effect of the opinion is to
continue the alleged discrimination in the
interest of foreign shippers.
Will MAKE TINE
OMAHA, March 3O.-The report that
after May 1st the Union Pacific-Nortb-
western combine will lengthen it's time of
running between Chicago and the coast is
vigorously denied by both Union Pacific
and Northwestern officials in this city.
They say that their express trains are now
running On the same schedule as before
the Santa Fe put ON its rapid train, and as
no change was made at that time no
change will be made, even should the
Santa Fe conclude to take of it's star
train.