The Savannah morning news., 1902-07-04


rel 259 miles to Savannah. on a ship
ment to Pensacola, however, from the
same station there is a vast difference.
Sneads is only six miles from River
Junction, but it is 15j miles to Pensa-
cola, and the total charge made by
the Louisville and Nashville for the
loEg haul is only Az cents per bar
rel. Thus ii is seen that the Savannah
shipment for a transportation of SIX
miles is mulcted nearly twice as much
as the Pensacola shipment for a. dis
lance of 155 miles. The discrimination
is made more surprising when we con-
slider that Bohemia is six miles from
Pensacola, and Sneads is six miles
from River Junction. On a west bound
shipment FROM Bohemia to Pensacola
the rate is % cents per barrel, on an
east bound shipment from Sneads to
River Junction the rate is IS cents per
barrel. From Cottondale for a 80 mile
haul of a shipment on the way TO Sa-
vannah. the Louisville and Nashville
charges more than the Plant System
charges for 293 mile haul to Savannah
from the same place. 1t appears that
while the distance from the farthest
point on the Pensacola and Atlantic
to Louisville is double the distance
from the farthest point on the same
road to Savannah, yet the Savannah
rates in proportion to distance are
more than double the rates to Louis
Vile.
The rates on uncompressed cotton
also the subject of animadVersion and
order by the commission, are not less
prejudicial to the shipper than to the
port of Savannah. For many years
previous TO 1897 the rate from stations
on the Pensacola and Atlantic to New
I'll L,y -,
rate from the same stations to Sa-
vannah was S2.75 per bale. In Sep
TENDER, 1897, the rate to Savannah
was advanced to $3.50 per bale, while
the rate to New Orleans remained at
$3.50 per bale. OF the S2.75 rate to Sa-
Vannah. the Louisville and Nashville
received $1.75 for the haul to River
Junction, while the connecting lines
to Savannah received only 81 per bale
The commission condemns this entire
through rate of $3.50 per bale, as OK
cessive. That it is relativesly preju
dlcial to Savannah and preferential
in favor of New Orleans is also true.
The average distance from stations on
the Pensacola and Atlantic division
to Savannah is S39R miles, while the
average distance from the same sta
tons to New Orleans is 1926 miles. This
makes the average distance to Savaa-
nah only thirteen and one-half miles
greater, and yet the Savannah rate
exceeds the New Orleans rate by so
cents a bale. We find that it costs
more TO ship cotton from River juno
don to Savannah 259 miles, than it
does to ship cotton from Sneads,
station on the Pensacola and Allan
tic, sly miles from River Junction, to
New York, a distance of lib miles,
or from the most distant point
in Mississippi to Norfolk, LIZA miles,
In conclusion. Judge Speer states:
1t may be said generally that in this
case the usual plea of competition is
neither set up nor available to sus-
tain these rates. The determinations
against Savannah are practically adj
mitted by the respondents. The sole
justification relied upon is the pro-
motion of the interest of the Louis
Vile and Nashville Railroad by build
ing UP near by port. and further h~
securing the long haul from Pensacola
toward the Northwest. But consid-
Grafton of this character cannot JUS
tify rates unreasonable and excessive
and in violation of Section One of the
law. Nor can they justify rates UNI
duly prejudicial to one locality and
unduly preferential to another in Vio-
lation of Section Three of the law. Nor
inter state and foreign commerce the
right or authority to enact rates which
are actually prohibitory to traffic in one
direction without regard to the wishes
of the shippers or the fair opportunity
of a community thus prejudiced to
promote its commercial prosperity. Ir
all cases it must be regarded as true
that determinations made for the pur'
pose of prompting the interest of the
70 thn tVafn {
of the general public and to the prin-
ciples of justice in such matters sought
to be attained by the purpose of Con-
gress to regulate commerce. 1t IS sell
evident that rates which would give t(
producers and manufacturers on the
Pensacola and Atlantic the competitive
benefit of the Savannah market woulC
be more conducive to their business
and prosperity than rates which con
fined them to the Pensacola market
and while it is true that a carrier has
the right to exact a fair return fol
the public utilities it affords. the pub
lie is entitled to exact that no more
be required of it for the use of sucl
utilities than the services rendered arr
| reasonably worth, and where
| there is plain and irrecon
cilable conflict between the interest o
| the public and the interest of the car
rier the former must prevail.
In this case an injunction will bt
granted against each and all of the
! respondent companies so that the or
! der of the commission may be enforced
| This is made necessary by the fact thai
| the rates 70 Savannah which are de
| clared to be unreasonable and preju
| dicial are joint through rates of all tht
| defendants. Such rates must be con
strued as entireties. 1t follows neces
sarily that each carrier who is mem
Der of the through line must be re.
! garded as seveYally as well as jointly
responsible for the unfair and oppres'
sive rate. While this unfairness APP
pears to be attributable to the eXac
! tons made by the Louisville and Nash
VILE, the other members by their as
sent are joint participants in tn,
| wrong. These are regularly published
rates in which each of the defendant:
participated. and their proportional
divisions are brought about by agree
ment between themselves This consti.
tutes "a common control management
or arrangement" for a continuous car
riage or shipment" as defined by Sec
ton One of the act to regulate com
merce, and it therefore appears tina
each of the participating roads art
within the scope of the act to regulat,
| commerce and to the extent of its au
thority under the control of the Inter
state Commerce Commission.
We do not underestimate the gravity
and Importance of the interests involv
ed in this controversy. The record ha,
been given that anxious and deliberat,
consideration seemingly appropriate
and which besides was made necessar!
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