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

Of the position of enhancing the worth
of the organization"
He said in the courts below there was
no intimation that the inland rates were
unreasonable and consequently there
could be no proper cogniZance taken OF
this point The mere fact that the dis
parity between the through and loca
rates was considerable did not of itseli
warrant the court in finding that sucl
disparity constituted an undue discrmln
alton, much less did it justify the court il
finding that the entire difference between
the two rates was undue or unreasonable
especially as there was no person, firm Ol
corporation complaining that he or they
had been aggrieved by such disparity.
Chief Justice Fuller and Justices Har-
Ian and Brown disscnted from the opn-
ion of the court and Justice Harlan de-
livered vigorous dissenting opinion.
He said the interstate commerce act con
tains no provision for schedules to be
printed and kept open TO public inspection
of freight shipped from foreign coun-
try to be carried on through bill of lad
ing to some place in the United States,
and he thought the reason for the Omis-
sion was that congress did not intend the
rates to be charged by our carriers in
such cases to depend upon rates estab-
lished abroad from ocean transportation.
1t was evident that the interstate com
merce committee had taken this view of
the matter in issuing its order permitting
foreign goods the same footing in inland
transportation as domestic goods.
Viewing the case he showed that while
the Texas Pacific charge S107 per 100
pounds on foreign freights from New
Orleans TO San Francisco il charged on
domestic articles from $2.SS to S37O,
depending upon the character of the
goods which was in all cases. however,
the same az those on which only S1.O7
was charged for foreign goods.
The question, he said, whether the
Texas Pacific could consistently with the
act Of congress charge higher rate for
the transportation Of goods starting from
New Orleans and destined to San Fran
cisco than for transportation between the
same places for goods of the same kind,
bulk, weight, value and expense of car
riage. brought to New Orleans from Liy
erpool on through bill of lading and to
be carried to San Francisco.
''If," he said, ''thc question be answered
in the affirmative; if all the railroad com
panies whose lines extend from the At
lantic seabOard across the continent in
dulged in like practices; if such discrimi-
nation against American goods by Ameri-
can railroads acting with foreign com
panes is consistent with the act of con
gress, then the title of the act should have
been 'onc to regulate for the benefit of
foreign manufacturers to the injury of
American manufacturers
Justice Harlan said il was clear that
the ocean lines were not subject to the
interstate commerce law while the rail
road companies were. There was, on
the contrary, an explicit declaration that
the terms of the act apply to the trans
portation of property shipped from n
foreign country to any place in the United
States and carried to such place from
port of entry, either in the United States
or an adjacent foreign country
He said he was unable to find any au-
thority for the commission to take in the
consideration of the rates established by
ocean lines as effecting the charges that
may be made by carrier for transport
ing over its routes.
1t is. he said, apparent from the evil
dence in the case, that many American
manufacturers dealers and localities in
almost every line are competitors of for
eign manufacturers, dealers and lOcali-
ties for supplying the wants of American
consumers at interior places in the United
States, and that under domestic bills of
lading they seek to require from American
carriers like service as foreign COMPETE
tors in order to place their goods with
interior commerce. TO deprive them of
this right was to violate the statute and
such deprivation would be so obvious
ly unjust as to shock the general sense
of justice of all of the people of the coun-
try except few who would receive the
immediate and direct benefit of il.
1t seemed to him that any other inter
probation placed it in the power of the
railroads TO do gross injustice enabling
these corporations to place American in
dustries at the feet of foreign capital and
foreign combinations, result never con
templated by congress.