The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1896-04-02

company Ol Tile
Ohio Southwestern.
THE TEAAS PACIFIC CASE.
Washington, March 30.-Justice Shiras
handed down the opinion of the supreme
court today in the case of The Texas Pa
cifc Railroad Company VS.. The Inter
state Commerce Commission. appealed
from the circuit court of appeals for the
Second circuit and known as the import
rate case.
The decision of the supreme court re-
versed the opinion of the circuit court,
which held that it was illegal to charge
less on imported goods than on domestic
articles. The effect of the opinion is to
continue the alleged discrimination in
the interest of foreign shippers. This
case grew out of proceeding begun in
1891, before the interstate commerce COM
mission, by the New York board of trade
and transportation against number of
railroad companies, among which the
Texas and Pacific was not included,
though 1t was afterwards included. 1t
was claimed that an unjust discrimina-
ton was made by railway lines starting
at the Eastern seaboard of the United
States in favor of goods coming from
abroad under joint ocean and railroad
tariff and against domestic tariff origi-
mating at the seaboard and going thence
to Western terminals and carried under
substantially similar conditions from such
seaboard westward; that the discrimina-
ton often amounted to 80 per cent in
the interest of the foreigners and that
there were no circumstances or condi-
tions relating to imported traffic which
could justify any difference in rates be-
tween traffic transported to any place
in the United States from port of entry
and other traffic from such port. The
Texas Pacific company admitted that it
carries imported goods at lower rates
than those it had contemporaneOusly
charged for like goods originating in the
United States and not imported from Eu-
rope, and alleged that it did so because
through shipments from foreign cOun-
try to the interior of the United States
originated under different circumstances
and conditions from shipments Originat-
ing at the American seaboard bound for
the same interior points.
1t is claimed that the controlling forces
which made the rates, that it saw fit to
charge were the water lines from Europe
to the Pacific coast.
Justice Harlan dissented.
The case was an appeal by the Texas
.. eonip"hy from ihe uecision OF tne
eineuit ;it coTTt oI appears Ior the second
efreui'. re a., ne pollit decided Ill IL Is TO the
u,;es unee; .h9t .he lnterstate commerce com,
capacity to be plaintiff or defendant in
the Federal courts. Coming to the main
point of controversy, Justice Shiras said
that as the purpose of the interstate COM
liielee hct Was 10 regulate commerce IL
tosS Mns lsasohnpie ~ 10 suppose 'nat II was IN
.ellueu 10 cover tne ehtlre neid on COM
.:ieIce, anu tnat the scheme OF reguia,
.ion . Wou,u I.ot ne reStricteu 10 partiai
,reatlhen, oI the SUBJECT III could not
pe readlly supposed that congress in
tenueu, when regulatihg such commerce,
1, ~ i1.erlere with anu Interrupt, nuch less
uestloy, .raue anu commerce. aireauy ex-
ls!ins nor 10 overlook tne properly rights
vi inose VINO had invested money IN the
IA raliroaus OF the country nor TO disregard
tne interests OF consumers 10 iurnlsh
whOm WIN merchandise is one or the prin
cipai oDJects OF al systems OF transporta-
tlon; IL was ne sald, pialnly contemplat-
eu tnat III construlng the INTERSTATE COM
nierce ACT there shouid De triDunal capa-
pie Oh oeterinlhihg Whether the services
rehuereu ny the ,aiiroaus are ike anu
contelhp0raheous. -.
re salu ihe commission nad Justined lts
aclioh III uehylhs .he rlsnt OF raiiroaus
10 dlscrlmlhate III favor OF foreign snip
pers whoily upon lis construction Oh the
ACT ana had conciuded that IL was CON
stralned by the law 10 regard iorelgh
ana domestic tra1ncs as aiike Ill klnd un-
der SUBSTANTIALLY similar circumstances.
ana conaltlons. In this construction the
COMMISSION had erred. IL was not IN,
tended that tne COMMISSION sn0uid regard
the Complaints OF only one class Oh tne