Pullman herald. [volume] (Pullman, W.T. [Wash.]) 1888-1989, 1896-04-04

| no concluded. undoubtedly IeHtI'S' -
| General sentiment of the pubic ina,
fheir best security is in competition
The decision of the court was there
fore reversed and the case remahdea'
Justice Sbiras in the supreme cour'
today handed down a decision III Tue
long and short haul case, appealed II"ll'
tha decision of the circuit court Oh APP
noaIs of the Fifth circuit. The appear
WIS taken by the railroads. Inc ute
/ Of the case was the interstate commerce
! commission vs.. the Cincinnati, New oI-
! leans & Pacific Railway Company me
! decision of the court below was IN the
| main confirmed. the opinion holding
! that IN case of ahipm Ant from one state
| IN another on through bills OF ladlhg
| the railways could not exempt pafIIeS
and give them special rates.
The case involved the construction OF
tho rnurtb section Of the interstate COM
merce act. known as the long and short
haul section. The dispute concerning
This matter is one that has been con-
linuousIy arising 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 country, that the question
no mt 10 rest There was also drawn
in the question Of the power of the inter
state commerce commission to fix max
imum rates in case properly brought
before it as distinguished from mere
decision that particular rate is excess
sive.
The three railroad companies are the
connecting roads running FROM Cincln-
natl. Ohio, to Augusta, Ga. This litlga-
ton began through the complaint OF
seller of buggies at Cincinnati TO the
interstate commerce commission that
the rates to Augusta, at the end OF the
Georgia railway, and to Social Circle,
which was a point on the Georgia rail-
way so miles below Atlanta, are such
as to unfairly discriminate against So
cial Circle The Texas Pacific and the
Atlantic & Western roads claimed in
their answer that the rate to Social Cir
Gle could only be made by the consent
Of the Georgia road on which it is To-
Gated. The Georgia company 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 unreasonable, the
be because of competition with lines
from that city to Baltimore.
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 Social Circle were so
engaged under a common control man
agement or arrangement for a cOnttnu-
y n
meaning Of the interstate commerce act,
and the conclusion of the court, he SAID,
was that they We're 50 engaged
The Georgia Railway Company, one
of the parties involved, had set up the
claim that as it's road lay wholly with
in the state of Georgia, did not fall
within the scope of the act. The court
refused to accept this view and Justice
Shiras added that when the company
entered into the carriage of foreign
freight by agreeing to receive the goods
by virtue of through bills Of lading 1t
thereby became part of continuous
line and became amenable to the inter
state commerce act.
Justice Shiras handed down the opin-
ion of the supreme court today in the
case of the Texas Pacific railway VS..
the interstate commission, appealed
from the circuit court OF 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 do
mestic articles. The effect of the opin-
ion is to continue the alleged discrimi-
nation in the interest of foreign ship
pers.
The decision of the court below in
! the case of Russ US Telefender involving
/ title to 1,160320 acres of land in Eel PasC
county, Texas, was reversed by the SUI
preme court today and the case re-