The Savannah morning news., 1901-04-09
The LONG HAUL WINS
SUPREME COURT DECIDES In FAv-
OR OF RAILROADS.
REvERSES LOWER COURTS.
ORDER OF INTERSTATE COMMERCE.
COMMISSION REVOKED.

Gases Came Up From the Eastern
District of Tennessee ana Northern
District of GeOrgia-ChaFGes of
Discrimination Against East Ten
nessee and Georgia Road Made by
Nashville as Against Chattanooga
In One Case and in Another
Against western and Atlantic by
Towns Along the Line Above At
Ianta.
Washington, April Sin the United
States Supreme Court to-day an opinion
was handed down by Justice White in
various cases involving the long and
short haul clause of the interstate. COM
merce law. The principal opinion was
rendered in the case of the East Tennes
see and Georgia Railroad Company, and
the charge was to the effect that a lower
rate was charged on freight carried to
Nashville than was charged on freight to
Chattanooga. the distance to the first
point being greater than to the latter
The decisions of the Interstate Commerce
Commission, the Circuit Court and the
Circuit Court of Appeals were all antag-
onistic to the railroad company, though
on different grounds. The opinion handed
down to-day reversed all these decisions
and was in favor of the railroad COM
pany, though without prejudice. The de-
cisions in the other similar cases were on
the same lines.
Two of the other cases decided were
proceedings against the Clyde Steamship
Company, while the fourth was against
the Western and Atlantic Railroad Com
pany. I'm the latter case the charge of
discrimination 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. inelud-
ing Marietta, Gainesville, Kingston,
Adairsville and Calhoun. In one of the
Cylde cases rates on the Georgia Rail-
road are involved and in the other case
rates on the West Point and Western
Railroad of Alabama.
In his 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 1.-The decree of the Circuit Court of
Appeals should be reversed with costs,
and the case remanded to the Circuit
Court with instructions to set aside its
decree adjudging that the order of the
commission be enforced, and to dismiss
the application made for that purpose
with costs, the whole to be without pref
udice to the right of the commission to
proceed upon the evidence already intro
duced before it upon such further plead
ings and evidence as it may allow to be
made or introduced, to hear and deter
mine the matter in controversy according
to law"
In the cases of the Clyde Steamship
Company the DEGREES of the Circuit Court
of Appeals and of the Circuit Court were
modified by providing that 1.-The dismissal
of the bills shall be without prejudice to
the right Of the interstate commerce COM
mission, if it so elects, to make an orig
inal investigation of the questions con-
tanned in the records pertinent to the
complaints presented to the body"
AS SO modified the DEGREES were AFFIRM
ed.
The East Tennessee Railroad case came
from the Circuit Court of Appeals to the
Supreme Court and was first heard In
the Circuit Court for the Eastern Dis
trict of Tennessee. The other cases were
all first heard in the Circuit Court for
the Northern District of Georgia and
came through the Circuit Court of APP
peals for the fifth circuit to the Supreme
Court