The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-11-21

Portland, Ore. Nov. 2O.-In the
United States court today Judge Bel
linger rendered a decision sustaining
the demurrer of the defendants in the
case of Allen & Lewis. representing the
jobbers of Portland against the Ore
gon Railroad & Navigation company
and the Oregon Short Line railroad for
alleged violation of the long and shor~
haul clause of the interstate commerce
act. Judge Bellinger, in his decision,
says:
THE complaint is that the Short Line
and the Southern Pacific have made
joint tariff for freight between San
Francisco and the Idaho points under
which the same rate is charged as that
charged by the joint tariff of the Short
Line and the Oregon Railway & Navi-
cation from Portland to the same
points, and under which the Short
Line receives notably much less for it's
haul than it receives on Portland
freight. That the object of this is to
give TO San Francisco and it's merch-
ants an undue and unreasonable pref
erence over Portland and its merch-
ants. and that the Oregon Railroad &
Navigation company is aiding and
abetting this purpose by entering into
the joint traffic arrangement in queS-
ton with the Short Line company.
lueOIy OIL OOul pldiAl
THE complaint is proceeding upon
the theory that the action of the Short
Lime company in entering into a joint
tariff arrangement with the Southern
Pacific by which it receives smaller
rate as it's proportion of the through
haul under that arrangement than 1t
receives for its proportion of the haul
under its joint tariff agreement with
the Oregon Railway & Navigation
H.. foot to Il hot
joint tariff discrimination against Port
land and therefore unlawful.
There is no complaint that the rate
of the Oregon Railway & Navigation
company from Portland to Huntington
is excessive or discriminating. and IL
is alleged that of the joint rate this is
what this company received Nor IS
there any complaint that the excess
above the Oregon company's rate.
charged and received by the Short
Line company as its share of the joint
rate. is unjust or unreasonable except
as these charges are related TO the
charges made under the joint tariff
established by the Southern Pacific and
the Oregon Short Line companies.
Allegation of Unreasonableness.
THE allegation as to the unreason-
ableness of the joint rate made by the
Oregon Railroad & Navigation cOmpa-
in consideration of the preIhiSes-in
consideration of the alleged discrimin-
alton against Portland merchants in
the two joint rates. and of the lower
charge for the longer haul to Ogden
such rate is unjust and unreasonable
and in violation of section 1 of the in
terstate commerce act
THE case is therefore one of alleged
unlawful discrimination in the rates
complained of. and unless there is such
discrimination there is no ground for
relief The fact that the Short Line
company under its joint tariff arrange
ment with the Oregon Railroad K Navi-
CATION company receives ratably more
for its haul than it receives under It's
tariff arrangement with the Southern
Pacific company is not matter cog
niZable by the court
l.. 3. Cox, counsel for Allen & Lewis.
stated today that he would file an
amended bill, which would obviate
most of the objections found by the
court to the original bill