The Washington times., 1905-02-03

The Interstate Commerce Commission
TODAY formally announced its opinion in
the Sap Fe rebate case, holdlag fhst
that eon4panyz FOR the last five years
has wiIifuliy and continuously vlo-
lated the provisions of the law which
requires carriers to publish and adhere
to their tariffs.
The opinion, prepared by Commls-
sioner Prouty, says, in It's conclusions.
"On February 19, 1903, the so-calieo
.EIkins bill was enacted, providing ina
carriers should IN nc case transport I
traffic until a tariff had been published
and that the published tariff should be
observed, and providing penalty OF not
less than 81. 600 nor more than $4,000 for
each offense.
Violated the Law.
The provisions of this statute eS-
tend both to the railway company Wnich
grants and the party which receives
the concession Both the Sante he ana
the Colorado Fuel and Iron company
Systematically and continuously violated
the provisions Of that act In the par
| tie11lars mentioned from the day OF its
massage down to November q, 1904
when the tariffs under which this coal
moved were reduced in all cases to Sl-i0
| "It would seem that the Ell Paso and
| Southwestern Railroad was also in vio-
| fation of the same statute during that
period. but that company was not
nartx to this proceeding. and has not
| been heard.
| .eTt should be further observed that
on March 25. 1862 the United States
| circuit court in a suit begun at the
! fnsta,ce and request Of the Interstate
! Commerce Commission enjoined the
! Atchison. Topeka and Santa Fe Ran
wav Company TO observe IT, all respects
its published schedule of rates.
THAT company. from the date of THIS
| Injunction. down to November y, ls4
was apparently in continuous disregsre
| of that order of court IN It's falluF'
| to maintain these coal tariffs.
commissioner Proutys opinion soe
exnaustiveIy into the conduct OF th'
Santa Fe. and comprises in all abou
1000 words
Statement of Facts.
After reviewing the evidence. the opin
ion saws that the following facts ap
pear:
"First-The Santa Fe Company acte'
as agent for the Colorado Fuel and Irol
Company in collecting from its Gus
toners the price of the coal itself aloni
with the freight rate
I'm pursuance of this arrangement
the Santa Fe Company issued instruc
t:ons to it's agents to bill coal from Ger
tain points. at which the Colorado Fue
and Iron Company operated. to variou
stations upon it's system at figures t
be furnished by the Colorado Fuel an
lion Company. which would include tn
price of the coal but which should ne
lr any case be less than the rate
shown in regular tariffs.
THE practice under these instruction
: seems to have been TO embrace the pric
OF the coal and the freight rate in
single item. which appeared on the eS
pensc bill as freight. and we think thi
was the fair Interpretation of the Gil
cular.
'.Second-If the Colorado Fuel an
Iron Company had in all eases paid tn
published tariff rate which was exacte
from other shippers, the fact that I'll
, price of the coal and the freight weI
irclutled in 4 single item would haV
worked no practical advantage TO the
company so far as we can see. Neithe
anDarently, would there have been an
reason for this arrangement if the pu
rose of the parties had been honest.
IF however, there existed upon Il