The Havre herald. [volume] (Havre, Mont.) 1904-1908, 1906-05-25
FEDERAL COURT OVERRuLEs DE-
MURRER OF BURLINGTON
RAILWAY COMPANY.
MUST MAKE RATES PUBLIC
THOSE ON EXPORTS TO FOREIGN
COUNTRIES MUST NOT BE
KEPT SECRET.

Kansas City, Mo-, May 23.-The de-
murrer of the Burlington railway de-
nying the Jurisdiction Of the govern
ment in export freight rates was over
ruled in the United States court here
by Judge Smith Mcpherson of Red
Oak, Ia. TIE decision is of great i'm
portance to many railways and ship
ping interests and Of particular
weight in the present instance be-
cause it destroys the contention Of the
railways that export rates need not
be made public. It means, too, that
the Burlington railway and other rail
roads and corporations and persons
indicted here last December must go
to trial for granting rebates.
The trial of the Burlington was set
for May 81.
Exports to Canada or Mexico as
adjacent foreign countries" are not
involved in the question at issue. lit
is urged" Judge Mcpherson says,
that it is not within the power of
congress to burden or control COM
merce destined to points beyond the
seas, even though that commerce
originates at an inland point, the ar
gument being that seaport cities can
have no lawful rights which can be
denied to cities Of the Interior
1t is the opinion that congress has
the power SO to control and legislate
Attention was drawn to the report of
the interstate commerce commission,
Dec. Il, 1905, in which it was said
that it was mooted question wheth-
er the present act requires carriers
to file and maintain tariffs under
which they transport exports and inn
ports, but the commission had mum.
Der of times decided that the statutes
covered this point"
Includes Foreign Commerce.
"The same section" the decision
says, defines the kind of commerce
covered by the act and includes that
from the United States to foreign
country The fact that half billion
of dollars worth of exports are
shipped from the United States" the
decision continues, lis powerful ar
gument in favor of the proposition
that they should not be hampered
with rate tariffs difficult or impossible
to observe, because ocean rates vary
from day to day; but is this an argul-
ment that can persuade the courts
upon the question of what construc-
tion shall be given statute if such
statute is a valid One2"
The statute, Judge Mcpherson says,
forbids lowering the rates except on
three-days' notice, and raising them
except on ten days notice. ut is
clear" he continues, that carriers by
railways and water inland, when act
ing under common agreement, are
covered by the statutes, as well as
commerce by any method with an ad-
Jacent foreign country. And as to
interstate commerce, it is included.
Because these are specifically enum-
Grated it is contended that all others
are excluded. Conceding the force of
this elementary and recognized rule
Of construction there, in my opinion,
Is the error of the entire argument of
defendants counsel.
Congress did not enumerate ocean
commerce, because it would have
been frivolous to do So"
Judge Mcpherson says full force
can be given to the statute only by en-
forcing it on shipments to New York
and then transferring the merchan-
disc to vessels, when, of course, it
passes from the jurisdiction.
"And it seems to me- he says in
conclusion, "that when this is done,
it can be under an established rate,
proclaimed by published and posted
tariff rate"