The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-05-19
ATLANTA A POINT
OF COMPETITION
U, S. Supreme Court Decides
Against Citizen of La Grange
WAS NOT DISCRIMINATION
Lower Court and the Interstate Com
meree Commission Reversed and
Judge Renders Elaborate opin-
ion In Support of Finding.
WAS NOT DISCRIMINATION

Washington May 1s.-The United States
Supreme court today reversed the stand
Ing of the United States interstate COM
merco commission IN the case of the pro-
ceedings of that commission in the case
of the Louisville and Nashville Railroad
company and other railroad companies
where lines constitute continuous line
between the cities of New Orleans and
Atlanta.
The case arose out of a charge made
to the effect that there is discrimination
against the town of LAGRANGE, which
is on the line between New Orleans and
Atlanta, 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 1t was a shorter haul
The court held that the rate in favor of
Atlanta was justified by the fact that
Atlanta is a competitive point
Western Railway Involved.
The other lines involved with the Louis
Vile and Nashville were the Western
Railway Of Alabama and the Atlanta
and Westpoint railroad. Justice Whites
opinion was an elaborate one. He enter
ed into all the details or the case, show
ing the location of LAGRANGE, relative
to Atlanta and New Orleans, and said
that the proceeding had been instituted
by citizen of that town upon the
charge of discrimination against 1t in
the interest of Atlanta and also upon
the charge that in their levying higher
freight tariff than that on freight ship
ped from New Orleans to Atlanta, sew
enty-eight miles beyond, the long and
short haul provision of the interstate
commerce act had beEn violated He also
stated that there was complaint that
the rate from New Orleans to La
Grange was even higher than the rate
from New Orleans to points between
LAGRANGE and Atlanta, Notwithstanding
the distance to LAGRANGE was short in
every case He also related the finding
on the Interstate commerce commission
which had sustained the view of the
LaGrange petitioner and had found that
the rate to LAGRANGE was unreasonable
Lower Court Affirmed 1t.
The United States court of the southern
district of Alabama, in which the case
was first heard, affirmed the finding of
the commission, but this opinion was re-
versed by the Circuit Court of Appeals
for the Fifth circuit. Justice White stated
that the record in the case established
the fact that Atlanta Is a point of COM
petition, reached not only through New
Orleans, but through other points, and
on this account finds in accordance with
previous decisions, that there was no
discrimination. He said that previous de-
cislons of the court had established be-
yond question the right of railroads to
make concessions to cities situated as is
Atlanta In the matter of competition.
He added that the rate fixed from New
Orleans to LAGRANGE was the rate from
New Orleans to Atlanta, plus the rate
from Atlanta to LAGRANGE. and said that
in case of refusal to allow the railroads
to make greater charge to LaGrange
they could avoid any restriction of that
kind by shipping to Atlanta and charging
the full rate and then reshipping to La
Grange and charging the local rate. lie
said there were no earthly grounds for
the conclusion of the commission that the
rate was unreasonable.