New-York tribune., 1907-06-06
A RATE LAW DECISION
Through Routes and Rates Defined
by Commission.

Washington, June SIN a decision announced TO-
day by the Interstate Commerce Commission. the
opinion being handed down by Commissioner Lane
some important points determined with respect
TO through routes and through under the pro-
visions of the new railroad rate law. The decision
holds that practically all the railroads in the
United States are united parts OF routes
winch through rates exist, where JOINT rate
has been established 1t deals with the movement
oI ten million pounds of sugar held in storage at
Omaha which taken into that city before the
existing tariff out of Omaha and to the East went
INTO effect The question raised was whether or
not the Chicago Burlington & Quincy Railroad
company might allow sugar stored In Omaha TO go
forward under tariff put into effect after the
sugar was stored. The commission holds that the
sugar cannot be so moved. The decision says:
points sh9 t9 the The moved from the oFgnatpg
o{ai { rate paid into Omaha cannot be treated
S1vanCe payment upon proportional rate which
was not in effect at the time of origin of the
Hent There can be but through rate in effect
rate nav 'by h 'W0 iort points at given time and this
tbppnGLDie tbTn on through business. Where no Joint
rae rate over e through route may be made up Of any
rates rates applicable on through transportation-the
other lawfully established retg wbicb mav er any ny
ttUutt; t put such combination through rate must be
mfnt to the Cate of arrival destination and the
i%ie applied must be the combination OF rates which
Exists upon the date OF original shipment Tariffs
cannot be given retroactive effect.
The decision further says that "a combination
through rate IS binding. definite ard absolute as
a joint through rate"
further question decided in the same case Is
that as to the rate that should govern over
'hIough route when a through charged is
made up Of the of the locals Commissioner
Lane holds tFat the that should be applied is
d coIhphauon through rate made up of the sum OF
the locals or other lawfully established rates ap
piicable on through business at the time when
the shipment originates. He says:
There may be through routes without Joint rates
A JOINT rate Is simply a through rate every part
vL winch has been made by express agreement be-
joint rate IS rate a through route; but II is
not ne only through rate recognized by the act
ana the decisions.
After defining through route and through rates
IN accordance with the commissions construction
OF the law, Mr.. Lane says:
Through carriage implies through rate This
ifS teqgaIy true whether the through rate be pub
Hsned as whole by the joint action OF the con-
Mecuhg carriers, or, in the absence OF joint
IdhEenent be published in portions by the several
carriers. The route being one. a contract for
service over II is contract for n single service,
an the terms of which must be fixed and
the same time; that is. at the time of the making
OF the contract for the service The rate is either
Il joint through rate made by arrangement by the
parties 10 the through route, or ii is a combination
through rate consisting OF the separately estGb-
Hshed rates, fares and charges applied TO the
single rate for single service.
In answering the question TO the existence OF
q through route all the incidents and CirCurn-
stances Of the shipment must be taken into
count Carriers arranging for through route, and
or such arrangement by publication. Carriers form
ing through routes without Joint rates however,
rates, fares and charges applied the through
transportation. \ through bill of ladiug the
preme Court to be conciasiye evidence 3t The ex-
istence OF a through route.