The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1903-05-22

Washington, May 1S.-The United
States supreme our today reversed
the finding of the United States inter
state commission in the case
Of the proceeding Of that commission
vs.. the Louisville and Nashville rail-
road company and other railroads COM
panies whose lines constitute a con-
rinuous line between the cities Of New
Orleans and Atlanta. The case arose
u of a charge made to the effect that
there is discrimination against the
town of LAGRANGE, which is on the lines
between New Orleans and 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 it was a shorter haul.
The court held that the rate in favor
of Atlanta was justified by the fact
that Atlanta is q competitive point.
The other railroad lines involved with
the Louisville INC Nashville were the
Western Railroad of Alabama and the
Atlanta and West Point railroad.
Justice Whites opinion was an elabo-
rate one. He entered into all the de-
tails of the case, showing the location
of LAGRANGE relative to Atlanta and
New Orleans and said that the proceed
ing had been instituted by q citizen OF
tina town upon the charge Of dlscrIml-
nation against it in the interest Of At
lanta and also upon he charge that In
their levying a higher freight tariff on
freight shipped from New Orleans to
Atlanta seventy eight miles beyond
LeGrange. the long and short haul pro-
vision of the interstate act
had been violated. He also stated that
there was complaint that the rate from
New Orleans to Lagrange vas even
higher than the rate from New Or
leans to points between LAGRANGE and
Atlanta, notwithstanding the distance
to LAGRANGE was shorter in every case.
He also related the finding of the inter
state commission which a
sustained the view of the LAGRANGE
petitioner and had found that the rates
to LAGRANGE We're unreasonable. I-.is
finding of the commission, the railroad
companies refused to obey and took the
case to the courts The United States
court for the southern district Of Ala
bama in which the case was first heard
affirmed the findings of the commits
sion, but this opinion was reversed by
the circuit court of appeals for the fifth
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 compe-
titiOn which is reached not only
through New Orleans but through other
points throughout the country and on
this account the court finds, in accord
ance with previous decisions, that
there was no discrimination in the
charging of a higher rate at a point
on the line carer the point from which
the goods had been shipped than to the
point Of destination and that point was
Atlanta. He said that previous deci-
SionS of the court had established be-
yond question the right Of a railroad to
makec concessions to cities Situated as is
Atlanta in the matter of competition.
He added that the rate fixed from New
Orleans to LAGRANGE vas the rate from
New Orleans to Atlanta plus the rate
from Atlanta to LAGRANGE, and he
said hat in case of a refusal to allow
the railroads to maxi a greater charge
to LAGRANGE they could avoid any re-
striction of that kind by first shipping
to Atlanta and chaging the full rate
and then re-shipping to LaGrange and
charging the local rate. He said that
there was no earthly ground for the
conclusion of the commission thai the
rate was unreasonable.
n G SUPREME COURT REVERSED
Washington, May 1S.-The United
States supreme court today reversed
the opinion of the supreme court OF
the state of North Carolina in thu case
Of the Southern Railway vs..
Allison. The case was q proceeding for
damages on account Of an accident.
but the point Of interest involved was
the question as to whether the railroad
company had secured citizenship in the
state Of North Carolina by fling its
charter in that state when it had beer
incorporated in the state of Virginia.
The court had held tina it did be
come a citizen by that proceeding. The
opinion today took the opposite view,
holding that citizenship was confined
to the state in which the charter was
granted. The decision was, therefore,
favorable to the railroad company.