The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1905-12-05
AMEND LONG AND

SHORT HAUL CLAUSE.
Il am confident that the fourth sec
ton of the interstate commerce com
missh 4 law, known as the long and
short aul clause, should be amended
by striking out the worus, under sub
stantially similar circumstances and
conditions,'" said Congressman Town
send, one of the authors of the Esch.
Townsend bill to increase the powers
of the Interstate commerce commits.
sion. At the time he made that utter
ance, Mr.. Townsend had just returned
from a conference with President
Roosevelt and it Is not improbable
that his views reflect the conviction of
the President.
These words" said Mr.. Townsend
were inserted at the instance of the
railroads, and have so emasculated the
section under the decisions of the
courts that it is nullity"
The section which Congressman
Townsend would amend is as follows:
Section A. That It shall be unlaw.
full for any common carrier subject to
the provisions of this act to charge or
receive any greater compensation in
the aggregate for the transportation of
passengers or Of like kind of property,
UNDER SUBSTANTIALLY SIMILAR
CIRCUMSTANCES AND CoNDI
TIONS, for shorter than for a longer
distance over the same line IN the
saale direction, the shorter being in.
cluded within the longer distance, but
this shalt not be construed as author.
iziBg any common carrier within the
terms Of this act to charge and sSsiFe
as great compensation for shorter as
for a longer distance: Provided, how.
ever, that upon application to the com.
mission appointed under the provis-
ions of this act, such common carrier
may, in special cases, after inyestiga.
ton by the commission, be authorized
to charge less for longer than for
shorter distances for the traneporta.
ton of passengers or property: and
the commission may from time to time
prescribe the extent to which such
designated common carrier may be re
lieved from the operation Of this sec,
ticn Of this act.
When, nearly 20 years ago. congress
passed the interstate commerce law,
the people Of interior communities re.
ioiced in belief that an end bad come
10 discriminating freight rates in ia.
vor Of tho terminals. They had not
yet discovered the "iittle joker" in the
bill, which, as Congressman Townsend
now points out, Was inserted by the
railroads. The railroads continued to
favor the terminals, and some of the
interior shippers appealed to the
courts. Judge Mathew Deadly of the
United States court of oregon, then
laid down the judicial doctrine that the
old time discrimination In favor Of
terminals was justified under the Ian.
guage Of the sentence which Congress.
man Townsend would now nave strick-
en- from the law. The highci faderal
courts have sustained Judge Deady
and, as Mr. Townsend says, the long
and short haul clause Of the act has
become a nullity
Congressman Townsend is quite
right in considering this amendment
vital It is, indeed, doubtful If interior
cities Ike Spokane would derive sub
stantlul relief without it even though
the interstate commerce commission
should be given Increased powers. as
recommended by President Roosevelt
IN his last message TO congress. Even
II the commission were equipped with
these increased powers, IL would OF
course. have 10 be governed by the law
and so long as the law permits rail-
roads to charge a greater rate for Che
short haul 10 the interior than IL
charges for the long haul 20 the coast
tha commission would be poWerisss t5
Interfere with that practice.
If. for example the commission
should End, after Investigation, that
the present discrimination agains