New-York tribune., 1903-05-19
RAILROADS WIN SUIT.
SUPREME COURT RULING.
Interstate Commerce Commission s
l.. and n. Decision ReUersed.

Washington May 1s.-The United States Supreme
Court to-day reversed the finding of the Interstate
Commerce Commission in the of the proceed
ing Of that commission against the Louisville and
Nashville and other railroad companies whose lines
constitute continuous line between New-Orleans
and Atlanta. The case arose out of charge that
there is discrimination against the town Of La
Grange, which is the line between New-Orleans
and Atlanta, and which it alleged a
higher rate charged freight from New
Orleans than charged on goods shipped from
New-Orleans TO Atlanta, notwithstanding 1t was a
shorter haul The court held that the rate in favor
of Atlanta justified by the fact that Atlanta is
a competitive point The other railroad lines IN
volved with the Louisville and Nashville were the
Western Railway OF Alabama and the Atlanta and
West Point Railroad.
Justice Whites opinion 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 tie proceeding had
been instituted by citizen Of that town on the
charge of discrimination against II IL the interest
of Atlanta and also the charge that in levying
higher freight tariff freight shipped from New
Orleans to Atlanta. seventy-eight miles beyond. the
long and short haul provision OF the Interstate
Commerce act had been violated. He also said
there complaint that the rate from New
Orleans to La Grange higher than the
rate from New-Orleans to points between La
Grange and Atlanta. Notwithstanding the distance
TO La Grange shorter In every case. He also
related the finding of the Interstate Commerce
Commission. which had sustained the La Grange
petitioner. and had found that the rate to La
Grange was unreasonable. This finding of the com
mission the railroad companies refused to obey and
took the case to the courts. The United States
Court for the Southern District of Alabama, in
which the first heard affirmed the find
ing of the commission but this opinion
yersed by the Circuit Court of Appeals for the
Fifth Circuit
In rendering the opinion OF the Supreme Court.
Justice White said that the record in the
tablished fact that Atlanta n point of
petition which Is reached only through New
Orleans but through other points throughout the
country, and this account the court finds, in
accordance with previous decisions. that there
discrimination in charging higher rate for
place the line the point from which the
goods had been shipped than to the point of des-
tnation. and that point Atlanta. He said that
previous decisions OF the court had established be
yond question the right of railroads to make rate
concessions to cities situated like Atlanta in the
matter of competition. He added that the rate
fixed from New-OreanS to La Grange was the rate
from New Orleans to Atlanta plus the rate from
Atlanta La Grange. and said that In case of a
refusal to allow the railroads make greater
charge La Grange they could avoid any restric-
ton of that kind by first shipping to Atlanta and
charging the full rate and then reShippng to La
Grange and charging the local rate He said that
there earthly ground for the conclusion OF
the commission that the rate was unreasonable.