The San Francisco call., 1899-11-21
SAN FRANCISCO
WAS NOT FAVORED
Decision Is Against the
Portland JObbers.
Special Dispatch to The Call.

PORTLAND, Or, Nov. 20.-In the United
States Court to-day Judge Bellinger rem
dered a decision sustaining the demurrer
of the defendants in the case of Allen H.
Lewis, representing the jobbers Of Port
land. against the Oregon Railroad and
Navigation Company and the Oregon
Short Line Railroad for alleged violation
of the long and short 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 a
joint tariff for freight between San Fran
cisco and Idaho points under which the
same rate Is charged as that charged by
the joint tariff Of the Short Line and the
Oregon Railroad and Navigation Com
pany from Portland 10 the same points.
and under which the Short Line receives
notably much less for its haul than 1t
receives on Portland freight. That the
object OF this Is TO give San Francisco and
its merchants an undue and unreasonable
preference over Portland and It's mer-
chants, and that the Oregon Railroad and
Navigation Company Is aiding and abet-
ting this purpose by entering into the
joint tariff arrangement in question with
the Short Line Company.
The complainant Is proceeding upon
the theory that the action of the Short
Line Company in entering into a joint
tariff arrangement with the Southern Pa
citic by which Ii receives smaller rate
as It's proportion of through haul under
lildl arrangement lildn II receives lOT ltS
proportion Of the haul under its joint
tarlif agreement with the Oregon Railroad
and Navigation Company has the effect
10 make both joint tariffs discriminate
against Portland, and therefore unlawful.
There Is no complaint that the Oregon
Railroad and Navigation Company rate
from Portland TO Huntington is excessive
or discriminating, nor Is there any COM
plaint that the excessive above the Ore
gon cOmpanys rate charged and received
by the Short Line Company as its share
OF the joint rate. nor that the Joint rate
established by the two companies ia un-
just or unreasonable except as these
charges are related TO the charges made
under the joint tariff established by the
Line companies. The allegation as To the
unreasonableness of the joint rate made
by the Oregon Railroad and Navigation
Company and the Short Line is that in
consideration Of the premises'-in consid-
Grafton of the alleged discrimination
against Portland merchants in the two
Joint rates and OF the lower charge for
unjust and unreasonable and In violation
OF section l Of the interstate commerce
act. The case Is therefore one of alleged
unlawful discrimination In the rates COM
planned OF. and unless there Is such dis
elimination there is no ground for relief
The fact that the Short Line Company
under It's joint tariff arrangement with the
Oregon Railroad and Navigation Company
receives ratably more for its haul than IL
receives under it's tariff arrangement with
the Southern Pacific Company Is not a
matter cOgniZable by the court"
l.. B. Cox, counsel for Allen & Lewis
stated to-day that he would file an
Of the objections found by the court tc
the original bill