The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-01-09
A FREIGHT RATE DECISION.
The Interstate Commerce Commits
sion Ruling in a Denver Case.

The Interstate Commerce Commission
yesterday, in an opinion by Commissioner
Prouty. announced its decision in the case
Of George J KindeI and the Denver Cham
Der Of Commerce against the Atchison. To-
peka a2d Santa Fe Railway Company and
others. The case involves the Legality of
greater freight charges to Denver than TO
san Francisco from Missouri River and
points east; greater freight charges from
Denver than from Missouri River and
points east to San Francisco; greater
freight charges to Denver than TO Missouri
River and points east from San Francisco:
greater freight charges from Denver than
from San Francisco 70 Missouri River and
points east. Pending the controversy, nu-
merous concessions in rates in favor Of
Denver were made by tie carriers. among
which are changes making westbound rates
apparently no higher 10 or from Denver
than those in effect from Missouri River
or points east.
The circumstances and conditions affect
ing the transportation, Including the ef-
feet Of water competition in both direc-
items between the Pacific Coast and the
AtIantioseabOard, the competition of mar
kets. the physical condition of the lines
and the condition Of the carriers them
Selves are considered at length in the
opinion. Water competition fixes the rate
between New York and San Francisco, and
the carriers. in pursuance Of their own in
terests, have recognized the desire of Chi
cago and Missouri River points tc do bust
ness OF the Pacific Coast and for that
reason they have given to Chicago and
points or the Missouri River a rate in no
case higher and in many cases lower than
obtains at New York. The Commission
says If these railroads have carried the
70 rF~kT .L - 40
miles from the Atlantic seaboard they must
not stop there Neither the desire to do
business nor the right 10 do business
ceases with the Missouri River Denver,
d thousand miles west of Chicago may de-
mdnd the same treatment which its rival
cities have received.
Il is held by the Commission that the
rates complained of are in violation of
the fourth and third sections of the
act to regulate commerce and that
as matter Of general application. rates
at Denver to or from the East, or
to or from the Pacific Coast. ought not
to be higher than those between San Fran
cisco or other Pacific Coast terminals ard
the Missouri River or points East. While
there are perhaps instances in both di-
rections where higher intermediate rates
may properly be maintained, no exception
has been claimed as to any article west
bound.
IN the case OF eaStDOund trdfnC, the car
riers' contention that the rate on sugar
might be higher to Denver than 10 Mis-
souri, River is sustained it being found
that the circumstances and conditions
governing the traffic are different when
it is carried t. Missouri River points than
when it stops at Denver. The Commission
also decides that Denver is not entitled
by reason of its being nearer to San Fran
cisco 10 q lower rate than that in force
from the Missouri River. The decision
Is confined to the general situation. but
the carriers are recommended to correct
the injustice apparently resulting from
rates on certain articles mentioned in the
testimony. and the Denver Chamber Of
I, Commerce or any person interested is
given leave to bring any specific CCm-
plant to the attention OF the Commits
sion.
a further ruling in this important case
is that a railroad is not justified in dis
/ eliminating against a community or an
/ individual by the fact that the person Or
locality so Disseminated against is not
directly injured. The law declares that
under like circumstances and conditions
every individual every commodity, and
every community shall be treated alike
and the fact that they are not Is a viola
ton of law. The denial of d legal right
is itself an injury