The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-04-09
THE RAILROADS WIN
Opinion Rendered in Sup
RENE Court Yesterday,
Covers Various Cases involving the Long ana
Snort Haul Clause Of the interstate
Commerce Law.
(By the Associated Press.)

Washington, April Sin the United
States Supreme court today an opinion
was handed down by Justice White in
various cases involving the long and short
haul clause of the Interstate Commerce
law The principal opinion was rendered
in the case of the East Tennessee and
Georgia Railroad Company and the charge
was to the effect that lower rate was
charged on freight carried to Nashville
than was charged on freight to Chatta-
nooga, the distance to the first point be
ing greater than to the latter The de-
cisions of the Inter- State Commerce Com
mission the ircuit Court and the Circuit
Court of Appeals were all -antagonistic to
the Railroad Company, though on differ
ent grounds. The opinion handed down
today reversed all these decisions and
was in favor of the railroad company,
Though without prejudice. The decisions
in the other similar cases were on the
same lines.
Two of tn other cases decidd were
proceedings against the Clyde Steamship
Company, while the fourth was against
the Western Atlantic Railroad Company.
In the latter case the charge of discrim-
ination was made with reference to the
rates from Cincinnati to Atlanta as
against other places on the line of the
road between the two points, including
Marietta, Cartersville, Kingston, Adairs-
Vile and Calhoun. In one of the Clyde
cases rates on the Georgia Railroad are
involved and in the other case rates on
the Wst Point and Western Railroad of
Alabama.
Oak In the opinion in the East Tennessee
case Justice White said that the decision
of the Circuit Court was not in accord
with the finding Of facts by the commits
sion The decision of the Supreme court
was that 1.-The decree of the Circuit Court
of Appeals should be reversed with
costs and the case remanded to the Cir
cult court With Instructions 10 set aside
it's decree adjudging that the order OF
the commission be enforced and to dis
miss the application made for that pur-
pose with costs, the whole to be without
prejudice to the right of the commission
to proceed upan the evidence already in
troduced before it upon such further
pleadings and evidence as it may allow
to be made or introduced, to hear and
determine the matter in controversy ao-
oording to law"
In the cases of the Clyde Steamship
Company. the decreees of the Circuit
Court of Appeals, and of the Circuit Court
were modified by providing that the dis
missal of the bills shall be without pre-
judice to the right of the Interstate
Commerce Commission, if it so elects, to
make an original investigation of the
questions contained in the records per-
tinent to the complaints presented to the
body" AS co modified the decrees were
affirmed
The East Tennessee rate case came
from the Circuit Court of Appeals to the
Supreme Court and was first heard in
the Circuit Court for the Eastern District
of Tennessee. The othe cases were all
first heard in the Circuit Court for the
Northern district Of Georgia, and came
through the Circuit Court of Appeals
for the Fifth Circuit to the Supreme
Court.