The Savannah morning news., 1903-05-19
LA GRANGE A LOSER
SUPREME COURT REVERsEs COM
MERGE COMMISSION.
ATLANTA COMPETITIVE POINT
so 1T is ALLOWED MORE ADVAN-
TAGEOUs RATES.

Complaint Was Made That the
Rate from New Orleans to Atlanta
Was Lower Than from New Ora
leans to La Grange, an Interme-
diate Point - Before Interstate
Commerce Commission the Com
plant Was Sustained - Supreme
Court for the ROnds.
Washington, May 1S.-The United
States Supreme Court to-day reversed
the finding of the United States Inter
state Commerce Commission in the
case of the proceeding of that commits
sion versus the Louisville and Nash
Vile Railroad Company and other
railroad companies whose lines constl-
tute a continuous line between the
cities of New Orleans and Atlanta.
The case arose out of charge made
to the effect that there is discrimlna-
ton against the town Of LaGrange,
which is between New Orleans ana
Atlanta, and to which it was alleged
that a higher rate was charged on
freight from New Orleans than was
charged on goods shipped from New
Orleans to Atlanta, notwithstanding IL
was a shorter haul. The court helo
that the rate in favor of Atlanta was
justified by the fact that Atlanta Is
competitive point.
whites Opinion Elaborate.
The other railroad lines involved with
the Huntsville and Nashville were the
Western Railway OF Alabama, and the
Atlanta and West Point Railroad. Jus
tice Whites opinion was an elaborate
one. He entered into all the details OF
the case, showing the location OF La
Grange relative to Atlanta and New
Orleans. and said that the proceeding
had been instituted by a citizen OF La
Grange 1lpon the charge of discrimina-
tion against it in the interest OF At
lanta, and olso upon the charge tIia ~ ~
their levving a higher freight tariff than
on freight shipped from New Orleans
10 Atlanta seventy eight miles be-
vond. the long and short haul proVi-
sion of the interstate commerce ACT
had been violated.
Commission said 'jUnreasOn"ble'"
He also stated that there was COM
plant that the rate from New orleans
10 I,aGrange was even higher than the
rate from New Orleans to points pc
tween LAGRANGE and Atlanta, notWitn-
standing the distance to LAGRANGE was
shorter in every case.
He also related the finding or the
Interstate Commerce commission
which had sustained the view OF the
LAGRANGE petitioner, and had 1ouhu
I nm
reasonable. This finding of the COM
mission the railroad companies retus-
ed to obey and took the case to the
courts. The United States court for
the Southern district of Alabama, IN
which the case was first heard, ainrIn-
ed the finding of the commission, but
this opinion was reversed by the CIR
cult Court of Appeals for the Firth
circuit.
in rendering the opinion Of the Su-
preme Court Justice White stated that
the record in the case established the
fact that Atlanta is a point of COM
petition, which is reached not only
through New Orleans, but through
other points throughout the country
and on this account the court finds in
accordance with the previous decisions
that there was no determination in
the charging of a higher rate for "a
POINT on the line near the point nom
which the goods had bfen shipped than
70 the point OF destinttion and that
point was Atlanta.
MAY Shake suoh concessions.
lie said that previous decisions OF
me court had established beyond ques-
u"n the right Of railroads 10 make
thie concessions % cipes situated %
Atlanta ia The mailer 0f cOmpe-
lupn. He added that the rate hKed
rom New Orleans ~ I-aGranee was
ii+s rate frDsD kgw ORLEANS 10 Afslnfa,