Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1906-02-27
RAILWAY TRUST UPHELD

Possibly the people Of California did
not need the lesson, but the decision Of
the United States Ipreme court yes
terday In the orange shippers case rubs
into the cuticle of all California the
fact that the states citrus interests are
imperiled because they are wholly at
the mercy of the railroad companies.
Two years ago Judge wellborn had
rendered a decision recognizing the
power Of citrus fruit growers TO route
their shipments so as to reach the best
markets. Under this decision-of as
able jurist as the west contains
Southern California has enjoyed two
years of splendid prosperity.
The federal supreme court now de-
clares Judge Wellborn wrong, and that
the citrus fruit growers have not the
right to route their shipments.
This means that the railroad pool Is to
be perpetuated. This means that many
growers will be driven out of business
by reason of the railroad exactlons
which they cannot meet with profit
This means so many delays in for
warding shipments, without redress,
that fruit will be destroyed on the way
and great losses result.
President Ripley of the Santa Fe ex-
pressed in his recent banquet speech
doubt as to the demand or necessity for
railway rate regulation by congress
.~f
tempt to 1.-THE newspapers, one man
from Milwaukee and the president of
the United States" He may have i'm
pressed a few persons with the cor
days decision of the federal supreme
court strips off all subterfuges and lays
bare to the people of Southern Califor-
MIA the fact that they are enmeshed in
the net of as cruel and exacting a rail-
way trust as ever throttled a COM
munity. and that until congress shall
pass some sort of law lodging plenary
powers somewhere to limit railway
rates and exactions, the railroads are
going to continue their policy of charg-
ing "all the traftlC VIII pear.
The suit decided yesterday was one
begun in 1899 by the Interstate COM
merce commission to test the legality of
joint orders issued by all the railroads
of Southern California fixing a through
rate of $1.25 per 100 pounds on oranges
from this section to points on the Mis-
souri, river and to the east. The rail-
roads, in this order, reserved the right
to route the fruit east of their own
terminals. The interstate commerce
commission, believing that the routing
privilege amounted to a contract for
pooling, brought suit to test the ques-
panies was that the routing privilege
was necessary to prevent the giving Of
rebates. Judge Wellborn in the circuit
court sustained the commission and
declared the action of the railroads to
be in general violation of commerce
laws.
Now the supreme court of the United
States reverses the decision of the cir
cult court upon the general ground
that the routing agreement violated
no provision of the interstate COM
merce act and aided in preventing
rebates.
From this decision, of course, there
is no appeal. But congress is possessed
of all the power necessary to enact
such a measure as will give more
authority to the interstate commerce
commission and to provide that COM
mission with laws necessary to the
enforcement of its own orders. If con-
gress shall fail to do this there is yet
the right of appeal to the American
people, and the appeal will not be in
vain.