The herald., 1897-11-09
WILL CUT MIGHTY LITTLE ICE
HEREAFTER
Western Roads Will Make Desper-
ate Effort to Settle the Freight
Rate Question

others. The case arose out Of the charges
by the citizens Of Troy. Ala, thatthe
companies were disregarding the long
and short-haul clause Of the interstate
commerce laws. The point at issue was
whether when there was competition be-
tion the roads must file lower rates with
the interstate commerce commission, and
1t was decided in the negative by the
courts.
The opinion of the court was handed
down by Justice Shiras.
The action was begun before the in
terstate commerce commission in 1892
on a petition Of the board of trade of
Troy, Ala, alleging discrimination by
the roads against that town in the in
terest of Montgomery and other places.
The roads defended their rates as neces-
sary to meet water transportation, but
the commission decided against them
and also held that preference in rates
should not be given except upon author
!ity of the commission.
The court today overruled the COM
mission on both points, holding, first,
that the petition is one of the most OBJ
vious effective circumstances that make
the conditions under which a long and
short haul Is performed substantially
dissimilar. Justice Shiras stated, how
ever, that the decision was not intended
to relieve common carriers from the re-
straints of the third and fourth Sec
tions of the law. but that it's purpose
was that these sections are not so string
lent and imperative as to exclude in all
cases matter of competition in deter
mining the questions Of undue and
unreasonable preference. Upon t.
|other point as to whether railroad COM
panies can be relieved from the opera
tion of the long and short-haul clause
of the interstate commerce act without
first invoking the consent of the COM
mission, Justice Shiras said:
I'VE are unable to suppose that con-
gress intended to forbid common carriers
in cases where the circumstances and
conditions are substantially dissimilar
from making different rates unless the
commission shall authorize them to do
So"
This opinion was in line with the de-
cision of the circuit court of appeals
for the sixth circuit, which was there
fore affirmed. Justice Harlan dissented
from the opinion, remarking that it went
far to defeat the object of the interstate
commerce law, adding: 'It not only
minimizes the power of the interstate
commerce commission far below the in
tention Of congress, but it puts into the
hands of the railroad companies the
power so to arrange the transportation
business of the country as to destroy
the business of intermediate points"
FREIGHT-RATE QUESTION.
CHICAGO, Nov. S.-The western roads
have determined to hold another meet
ing in the near future for the purpose of
considering the freight-rate situation.
No date has been set for the meeting,
but it will probably be held as soon as
assurances are received that all of the
other interested lines can be represent
ed by their executive officers. There
is strongly divided opinion regarding
the outcome of the meeting, some be-
lieving that the situation can be i'm
proved and others holding the opinion
that there can be no permanent improve
ment until after the reorganization of
the Union Pacific and that of the Union
Pacific, Denver and Gulf railroads is
completed. This will not be until some
time early in the spring. and mean
while the roads expect to struggle along
with their demoralized tariffs in the best
way possible.
1t is announced that the reorganization
proceedings of the Wisconsin Central
are we'll under way and that in response
to the appeal of the reorganization COM
mittee over 80 per cent of the joint i'm
prOvement bonds have been deposited.
The total amount of the improvement
bonds deposited is $3,035, 900 out of to-
tai Of $3,622,O00
TOO MUCH DAMAGES.
SAN FRANCISCO, Nov. S.-The heav-
lest Judgment for personal injuries ever
rendered in this state against the South
ern Pacific company has been set aside
by Judge Daingerfield. He holds that
the verdict of $4,000 damages awarded
George N. Martin in April, 1896, is ex-
cessive and in violation of the law and
grants a new trial.
Martin Is resident of Sioux City, Ia.
and a purchaser Of California products.
He was elected from train August 1,
1896. The conductor claimed his ticket
had been purchased from a "scalper,"
but Martin denied the accusation and
produced letters and papers to prove his
identity, but the conductor refused to be
convinced and ordered Martin to leave
the train at the next station. Martin did
not leave his seat and when the train ar
rived at Towles he was again ordered
to leave, but requested that he be al
lowed to ride to the next station,
Truckee, where he asserted he could
prove his identity. but his pleadings We're
in vain and he was forcibly elected.
During the process Of election his back
was SO badly injured that he lost control
of his lower limbs. The case has been in
the courts ever since, and Martins at
torneys announce that they will fight
the case to the end.
THE SIERRA ROAD
OAKDALE, Cal, Nov. S.-The driv-
ing Of the last spike and celebration of
the completion of the Sierra Railway of
California win take place at jamestown.
the terminus OF the road, on Wednesday
morning at II o'clock. Prince Poniatow-
ski, the president Of the road. will drive