The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1907-01-04
IN THE PHOSPHATE FIELD.
The Supreme Court Of Florida Hands
Down Decision in Rate Case
Shpments-Scarcity of Rail-
road Equipment.

On the 3rd of December. the SUI |
preme court of the United States
handed down its decision in the case
of the Florida Roilroad Commission |
against the Seaboard Air Line rail |
way and the Atlantic Coast Line, in
voiving the right OF the commission |
TO fix a maximum rate for the trans |
portation of phosphate rock in Flor
| ida.
| The rate announced by the Florida
Railrod Commission is one cent per
ton per mile, which rate ordered eff
fective January Is. 1904. The railroads
refused to carry out this order on the
ground that it was unreasonable. and
would result in depriving them of
property without due process Of law.
The commission thereupon asked for
a writ of mandamus, compelling the
railroads to comply with this order.
This was granted by the supreme
court of Florida. An appeal VS. taken
by the railroads 70 the federal SUI
Ipreme court, with the result that the
decision Of the Florida court was
affirmed.
IL is the belief Of many that this
decision will be the cause OF diverting
phosphate shipments from Savnnah
and Brunswick to Florida ports. Ship
pers have paid and are still paying
freight according to the tariff rates
issued by the railroads. There has
been a general reduction in freight
since the commissions order was is
sued. but from many points the rates
are still greatly in excess of the COM
= mission rate of one cent per ton per
mile
The matter of the commission
rate was before the court for practi-
.cally three years During November.
1909, the commissioners met and
heard Of the complaints of the phOs-
/ phate shippers over the phosphate
; rates. at which meeting all the rail
| roads interested were represented by
their own counsel and chief officials
: In December 1908, the commissioners,
: believing the rates then in effect were
r too high, made an order fixing the rate
on phosphate at one cent per ton of
+ two thousand pounds per mile. which
} order was TO be affective January Is,
l 1904. This the railrods refused TO car
? ~ out.
D In order to enforce this rate, the
commission filed writs of mandamus
in March, 1904. and the alternative
writs were granted. In April the mat
ter was carried 70 the supreme court
Of Florida, and during June. 1904,
favor of the commission. More time
was granted the railroads in July,
when they moved TO quash the returns
which was granted in part. In DC
tober. 1904. the Florida supreme court
ruled that one cent was not unreaSOn-
able. and did not deprive the rail
roads of their property without due
process OF Jaw. nor without equal pro-
lection under the law. The case went
TO the United States supreme court
=. in November 1904, where it has been
until the 3rd of December. 1906, when
the decision Of the Florida court was
affirmed.
;, Earlier in the year it seemed that
this years shipments would be far in
:. excess of the previous year. At the
,, end of August the increase over last
year was $4,000 tons. but up TO this
time. with only one more month tO
:. run. 1906 shipments are only 14.00C
. tons ahead of 1905. As December last
year showed very heavy shipments
j., OF hard rock and as December OF
:. this year will hardly show more than
:. the average. the total shipments OF
, the two years will be about equal.
;. First, the miners had the rain!
- season TO contend with. Now that the
:, rainy season is over. and the mines
=, have about resumed their normal pro
duction. it is almost impossible Il
ship the rock. and it is a most Difficult
:. matter 10 obtain railrod cars for load
,, ing. and, when the cars are place.
, and loaded il is a serious problem 4
20 have them hauled to port. The ca
supply is distressingly short. and tn
- motive power is also lacking. 1t /
- the sincere hope of all concerned tha
IN CohuilIonS VIII oe Nio'e A"''' '.e :"
49, ter the New Lear-American Fert
- lizer.
, November Phosphate Shipments.