New-York tribune., 1905-07-04
FREIGHT RATE CASES DISMISSED
Interstate Commerce Commission Can Give
Charlotte. N. c., No Relief

Washington. July 3-The Interstate ,,-...
commission to-day handed down it's decision IN
the two cases covering the complaint of the Char
lotte IN CD Shippers Association against various
southern railroads. involving the question of nm
just freight rates TO Charlotte from New-York and
o'her Northern and Eastern points, and from
LOUISVILLE Chicago and other Western points and
also rates from the West as being greater for tb
ShOrter distance to- Charlotte than for the longer
distance from Charlotte to more distant IocaIitia
Ihe commission dismissed both petitions ON the
ground that the facts presented did not constitutes
'he Dasls Tor an order Of relief which could be
enforced. 10
The commission Influenced in its decisions
by the fact that competition forces low rates 70
virginia cities. and also cOmpels the low rates In
force from the West TO certain points east .or
Charlotte. Ii Is indicated in the opinion that II
through rates to Charlotte lower than the com
bnation of charges to and from the Virginia cities
were established. the disadvantage now res,,Itiny
to Charlotte dealers in their competition with DEAF
moved. but The commission held that in tb,, ae-
SSnce OF showing that the present through
charges are unreasonable, IL is without AUTHORITY
TO require the diseontinuance of the charges
a., AS me result OF the investigation into the mat
ion OF trult shipped from points the Pere
commission to-day dismissed the cas- against the
latter road. and in the case of the former declined
In discussing the case the commission states
H nat i gtir3dds are required at common law to fur
ness In which they engage and II therefore follows
holding themselves
out as carriers of perishable fruit provide the
necessary refriSerator for the transportation
OF that traffic. II is held that during performance
OF the transportation the is every practical
intent the car of the railroad company using IL
ana Its measure OF responsibility as TO the suf-
nclency OF the car Is the same. whether II obtains
the car by purchase lease The icing of the con-
tents OF a car IS held to he an incident TO the
transportation service. but a part of the service
lseir as refrigeration is what the carrier agrees
10 furnish
In the under consideration" the commits
sion states, where the railroad company insists
that the ice shall be supplied only by the marty
whom II appoints and where IL collects from Ihe
shipper and passes this party the com
penSation for that service, the railroad COMPANY
must stand responsible for the refrigeration as for
any other part OF the transportation" The de-
clson declares that the commission has turisdlc-
lion to inquire into the Justice and rsasonableness
of refrigeration charges but that IL is not within
its province prescribe the method or kind OF re-
frigeratiOn charges which shall be adopted by the
carrier. A refrigeration charge OF 50 30 a ton on
Michigan fruit shipped interstate destinations Is
held To be reasonable; and in view of the fact that
the Michigan Central Railroad has established for
the present the charge OF 81 20 ton for ice
actually used, that company is dismissed from
the proceeding
In the case OF the Pere Marquette road the COM
mission states that that road while under con-
tract TO continue it's OF Armour cars during
the present season, has made reductions in its re-
per cent. and has flied statement with the com
mission that II intends for the of 1906 To
purchase lease its own equipment. and also
furnish refrigeration at s. 10 ton for the Ice used
in transit IL therefore holds that. "fnr the rea-
sons stated. including the consideration that the
commission is without authority TO fix rates for
the future order should not be issued AT this
time