The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1896-08-12
aTE OF RAILROADS.
..~ress has Ample Authority
to Regulate Them.
ess,oN BY a FEDERAL COURT
cir f<yr g svernnsent Bn@iness Can
r~n~rens Fix the Charge. but for
All Transport sffon.

- Angeles. Aug. Is-Js4&s WAs5arn
&. -rarrlsx HANDED do7rn decision shas
- fay-ynacfalnz importance equals any
.ss.oa ever decided Dy 3 California Fed
A e,srs. The amount involved was "a
- a. thaf % the income tax, ard the
D L-rr5nsez said aoHn ~ ihe court are as
es-sant Fl New York or Aas3acfs as~fts
g california or Texas For many years
-. nsx been a dispute between the
~rranent-aaded or Iand-xrant roads ard
4. rsysrnrnsnt as 10 the rate OF egnsper-
- tkst the former should resolve for
a TRANSFORMATION q troops. mail and
-<a<y ELECTS from point 10 point The
go claimed they had, under the acfs
~sessnx fhsrs. a right 30 charge taa gov
v~rseat fiss Same rates for services rem
80 ~ shey charge individual shippers
= syxvz.ers. while congress faas frequent
! arosteed sfsaf the compensation should
rot to exceed hall Of the regular rate,
- sxxet ngures 70 rs fixed by the aecre-
- 81 war. Under these acts Of congress
~ ban rates nave been paid BY the
ssanmenf, and the roads. desiring 10
ssys the matter settled. brought 4 test
- ancer The court OF claims act, the
1ssntse 4 Pacific railroad being the plain
"A 10 recover fun fare for transportation
4 the znh and slgt days Of October. lss2.
q trooper one FAf84E fAFf&Ats from
tIssauerque. n. n. 10 Prescott. Arix,
distance Of AS miles. The regular fare
h. The trsp lis s1s - The government Of
<rsa sf3G The railroad refused To ac-
81 that amount, and brought suit for
~ full amount. The railFoad--fhe ATTAIN
r 4 Pacsdc-was represented By Judge
harry, lis chief attorney assisted By Mr..
Hsffin, Of the Southern Pacific. The
|ErIsed States was represented By Joseph
IN Call. special assistant United STATES
kfpraey The importance OF the case was
"a that Il was very thoroughly and ex-
sutiysIy arkaed Al the January term OF
court. full testimony taken and ex-
ustiye briefs submitted.
- decision OF Judge Wesborn liz very
gthy. and enters fully into the discus
Of the subject. II Is complete VIC
y for the government. The judge holds.
eabssanee. that tins congress has the
ii 10 AK compensation for this ciass
+ srk. provided that the rates DO not
noans to eonfscasion OF the railroad
ppxrty. The full Importance Of this de-
Tor il easIer Understood when II Is
I'D that the Atlantic 4 Pacific alone
I'D receive 1890 a year more for the
Evaporation OF troops. and that when
~ olaarEss for carrying the mails ara
I'D the difference on this ona road In
kyor Of the government reaches s.. SIS. go
S1suaily. As the Immigrant roads Include
n6o-half the mileage OF the railroads OF
~ country. the amount involved reaches
tego.o0o 10 80. go go a year. Beside the
&rsa Fe and Southern Pacific systems.
|ssns are the Northern Pacific. the Texas
= Kansas. the Rock Island and the numer-
szs roads in Missouri. Wisconsin. Iowa
|nns Nebraska
! The decision. however, IS not applicable
n the land grant roads alone but applies
b sf the railroads Ia the country. ard
y not confined to government; business.
~ Involves the rsxht of congress 10 fix
[As compensation for all charges BY the
NslYoaas for interstate commerce. IT
ISL therefore,. be seen that Il Is one OF
|ne most smportant cases ever decided by
court. and Is a great victory for thu
Ngsrnmerat.
TIE court says. ..Ny conclusion. as al
Ir&sy Indicated. IL that the right OF pain
|6 under It's charter and without A ref
|HsBce 10 section -, to fix ard defermine
NJ fre4ghss and fares. Is not absolute AMI
|sfsstrietsd. but subject To congressional
|anintien within the bounds OF reason
|1heness. and that. since the maximum
[hsd by the secretary OF war. according
b Authorities cited. Is preaumptiyeiy rea-
|eaahle. and there Is not sufficient proof
III unreasonabeaesa. such maximum Is a
|hxful restriction and plaintiffs charge
Id excess thereof ar unlawful charge"
h conclusion the court holds. THAT de-
|fsasant's liability 10 plaintiff. on account
~ the transportation sued for. IN $3.50
|shlla by reason OF defendants tender OF
PAYMENT plaintiff Is Table for the costs
y suit. Judgment Will be accordingly
Uttered"
L Is understood that the case viii not
u appealed. and that Judge Sterry him-
~ has so declared