The daily sentinel., 1903-06-05
Decision Rendered
In California.

fruit growers, as we'll as the business
men of both city and county a more
just and even freight rate, the follow
ing decision from the United States
circuit court sustains Interstate Com
merce Commission findings. The
judge in rendering his decision holds
that the naming of lines to be used
should of right belong to senders. The
opinion is comprehensive and the
court finds that the railroads operate
pool and that the Interstate Commerce
law forbids it.
From the Los Angeles Express of
Monday, June LIST. the following de-
cision of national Importance is
taken
Judge Olin Wellborn of the United
States circuit court today handed down
decision of national Importance. in
he practically finds that the railway
companies having lines in Southern
California have been violating the or
der of the interstate commerce COM
mission, which was to have taken
effect June 20, 1902.
Judge Wellborn holds that the
shipper of citrus fruits has the right
to choose his own routes to eastern
destinations and that each must have
equal rights under railroad rates.
which hereafter must be open con-
stantly for use of the public. The
court decides that there is in existence
pool between defendant railroads
and connecting lines and that the de-
PENDANTS have Disseminated against
certain shippers to the advantage of
others.
Judge Wellborn's decision is in
the form of an overruling of defend
ants demurrer. In it he sustains
every finding of the interstate COM
merce commission The decision de-
clares that there has been discrimina-
tion on the part of the railroads; that
the Judgment of the commission was
an adjudication on the question of
fact, the finding being conclusive as
against the demurrers. That the
|
railroads was for the purpose of oper-
ating pool between the railroad
companies.
Although the decision is ruling
upon the demurrers of defendants. it
is practically ruling upon the merits
of the case. All the evidence and
authorities in the case were reviewed
by the court. in consideration of the
suit which was brought upon the allie
CATION that the defendant corporations
were violating the 1902 order of the
commission.
Attorney John II. Call, who was
special consul for the government in
pressing the suits, regards the deci-
sion as sweeping victory for the
shippers. 1t is thought that the rail
way companies may not file answers
within the thirty days granted by the
courts, but will file all appeal with
out going to this trouble.
''Titles of the cases under consider
alton are: The Consolidated For
warding company against the South
ern Pacific company. the Atchison,
Topeka and Santa Fe railway company
and the Southern California railway
company and the Southern California
Fruit exchange against the same de-
fendants.
Judge wellborn also finds as fol-
lows: That. since the rule and prac-
tice Hereunder. in question. are ex-
plessly alleged in the bill. to work an
undue and unreasonable prejudice or
disadvantage to the shippers OF citrus
fruits, it follows that the orders OF
the interstate commerce commission
lforbidding the enforcement of and
maintenance of said rule and practice
are lawful orders.
"That the conclusion of the COM
mission to the effect that the defend
ants were subjecting shippers to un-
due, unjust and unreasonable preju-
dice. giving to the carriers an undue
and unreasonable preference and ad-
vantage is a finding of fact.
''That, according to the finding OF
the commission. the railroads IL
luuestion had violated the fifth section
of the interstate commerce act which