The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-03-31
Must Be the Same for Long
and Short Hauls.
SAYS THE SUPREME COURT
The Interstate Commerce Act
is Sustained.
THE OPINION BY JUSTICE sHlRAs
In Cases of Shipments From one State
to Another on Through Bills of
Lading Special Rates Can
not he Given.
not be Given.

Washington, March 3O--An opinion
was rendered by the Supreme Court to-
day in the case known as the long and
short haul case, involving the validity
of the provision of the Interstate Conn
merce Act prohibiting higher charge
for a short than for a long haul, APP
pealed from the decision of the Circuit
Court of Appeals for the Fifth Circuit
The appeal was taken by the rail
roads. Its title was the Interstate
Commerce Commission VS.. the Cincin-
natl. New Orleans and Texas Pacific
Railroad Company, the Western and
Atlantic Railroad Company, and the
Georgia Railroad Company. The de-
cision of the court below was affirmed,
i'm the main, the opinion holding that
in cases of shipments from one State
to another, on through bills of lading,
railroad companies could not exempt
parties and give them special rates.
Justice Shiras delivered the opinion OF
the court. The case involved the con-
struction of the fourth section of the
Interstate Commerce Act, known as
the long and short haul section.
The dispute concerning this mater is
one that has been continually rising
in various parts of the country, and it
has been Of great public Importance, as
well to the interests of commerce as to
the railways in every part of the coun-
try, that the question be put at rest.
There was also drawn in question in
the case the very important question
Of the power Of the Interstate Com
merce Commission to fix maximum
rates in cases properly brought before
distinguished from a mere decision
that a particular rate is excessive. The
three railroad companies are the con-
tending roads running from Cincinnati,
Ohio, to Augusta, Ga.
This litigation began through the
complaint of a seller of buggies at Gin
cinnati to the Interstate Commerce
Commission that the rates to Augusta
at the end Of the Georgia railroad, and
TO Social Circle, point on the Georgia
Railroad fifty miles below Atlanta,
were such as to unfairly discriminate
against Social Circle. The Texas Pa
cifc and the Atlantic and Western
roads claimed in their answer that the
rate to Social Circle could only be made
by consent of the Georgia road on
which it is located. The Georgia com
pany admitted that the rates to Social
Circle were the rates to Atlanta plus the
rate from Atlanta to Social Circle, and
contended that they were not unreason-
able, the rate to Atlanta being less than
it should be, because of the competition
with lines from that city to Baltimore.
Justice Brown delivered the opinion
of the Court in the cases of Thomas
Pearsall vs.. the Great Northern Rail-
way Company, and also of the Louis
Vile and Nashville Railway Company
VS.. the Commonwealth of Kentucky, as
to the right of parallel and competing
lines of railroad lines to consolidate,
holding in the case of the Great North
ern that it could not, under it's charter
and in opposition to the act of the Min
nesota Legislature of 1874, be consoi-
dated with the Northern Pacific, as was
sought to be accomplished.
Justices Field and Brewer dissented
in this case.
In the Kentucky case a like opinion
was rendered as to the attempt to con-
solidate the Louisville and Nashville
road with the Cincinnati and Ohio and
Southwestern road. The opinion of
the Court of Appeals Of Kentucky was
affirmed enjoining the consolidation.
Justice Shiras handed down the opin-
ion of the Supreme Court to-day in
the case of the Texas Pacific railroad
vs.. the Interstate Commerce Commits
sion, appealed from the Circuit Court
of Appeals for the Second Circuit and
known as the import rate case. The
opinion of the Supreme Court reversed
the opinion of the Circuit Court, which
held that it was illegal to charge less on
imported goods than on domestic arti-
cles. The effect of the opinion is to
continue the alleged discrimination in
the interest of foreign shippers.