The age-herald., 1897-11-09
In Freight Rates By the Georgia Mid
 land and Central Railroads
BETWEEN TROY AND MONTGOMERY
Railroad Commission Turned DoWn-Justce Har- Ian Was of an Adverse Opinion to 0th-
 CT Judges-Durant Must Hang :. Will Recess Two Weeks.

decision of the United States lower court in the case of the interstate commerce commission against the Georgia Midland and Georgia Central railway companies and others. The case arose out of charges by citizens of Troy. Ala, that the companies were disregarding the long and short haul clauses of the interstate commerce law. The point at issue was whether when there was competition between railway and water transporta- ton the railways must first file lower rates with the interstate commerce com- mission, and it was decided in the neg ative by the court.
 Discrimination Alleged
 The opinion of the court was handed down by Justice Shiras. The action was begun before the interstate commerce commission in 1897 upon a petition from the board of trade of Troy, Ala, alleging discrimination by the roads against that town in the interest of Montgomery and other places. The roads defended their rates as necessary to meet with competition, but the com mission decided against them. and also held that preferences in rates should not be granted except upon authority first secured from the commission.
 Commission Turned Down
 The cour overruisd the commissian on both points, holding on the first thlait competition Is one of the mos5 obvi- ous and effective circumstances that make 'bhe-colnditions under which a Fong end short haul is performed sulbstin- tfally dlissimilar."
 Jusdce Shinas stated, however, that the decision was not intended to relieve common carriers from the restraints of the third and fourth sections of the law, buS that its puport was that these el1tions are mot so sltringent and dm- perative as to exclude in all eases the msltter of competition in determining the questions of undue and unreasonable preference"
 Upon the other part, as ito whether railway companies can be relieved of the operations of the long and short haul clause of the interstate commerce act without first invoking the consent of ,the commission, Justice Shiras said: "We are unable to suppose thalt congress in tended to fortrd common carriers in eases where the circumstances and con- ditBons are substa ntially dissbnilaIr from making different rates until and unless hhe commission shall authorize them to do so''
 This ppinion was in line with the de- cisCon of the court of appeals for the Sixth distIrdt, which was, therefore. af- firmed.
 Justice Harlan Dissents
 Justice Harlan dissentell from the ortrson. renlarkang that It went far to- wards defeating the objects of the inter state commerce law, adding:
 "It not cnly minimizes th- power of the interstate commerce commission far below the intention of congress with reference to it, but it puts into the hands of the railroad companies the power to So change the transportation Of the country as to destroy the business of in- termediate points"
 Durant Must Hang
 The United States supreme court today affirmed the decision of the circuit court for the Californfa circuit, refusing a writ of habeas corpus to William Henry Theodore Drl-rant, under sentence of dsath for the murder of Miss Blanche Lamont in San Francisco .n April. 1885 The case has attracted attention throughout the whole of the United States, and tcday's decision permits the law to take it's course with the con- demri.d man. Chief Justlcs Fuller an- nourlaed the courts decision, but made rao remarks in doing 50, save to cite few authorities on which the court based it's decision.
 As soon as the opinion of the chief jus tice was delivered, Fitzgerald telegraph ed to the district attorney in charge Of the case. and dt developed upon the lat- ter official to decide just when Durrant should be brought before the supreme court at San Francisco for re-sentence. It will not be necessary, MT. Fitzgerald says. to await the reception of a formal mandate of the supreme court, which is usually handed down In about thirty days from the time of the decision. This matter, he said, was fully estab- 1ished in the Jugur murder case, brought to the supreme court from New York state. The attorney general further states that the statutory rule of sixty days does net apply in the case of re- sentence of a murderer, and Durrant may be executed without delay Dur rant, he says. will be promptly re-ssn- tenced, and the time for the execution Will be fixed by the superior court. MT. Fitzgerald prs ferred not to express an opinion as to how soon he thought the death penalty would be imposed.
 Will Rest For Two Weeks After it's session next Monday ths United States supreme court will take