Omaha daily bee., 1907-12-11
Railroads Must Make Rate of Not
Over 81 a Car.
m rs EFFECTIVE BY FEpRUARY l
Case Brought by Texas Cattlemen and
Chicago Exchange.
SUMMARY OF THE DECISION
Charge of 81 a Car Made Against
Shipments OriEinatinR Outside
of Illinois Held 60 he
Discriminative.

WASHINGTON, Dec. 10--An important
decision OF the Interstate Commerce COM
mission was handed down today by Com
missioner Prouty IN the case OF the Cattle
Reisers' association Of Texas and the Chi
oago Live Stock exchange against the Chi
cago, Burlington a Quincy Railroad COM
pany and several other important western
and southwestern lines. The subject of
the complaint was the so-called terminal
charge Of 81 car imposed by the defend-
ants for the delivery Of live stock at thu
Union Stock Yards, Chicago.
The defendants are ordered to put In force
before February /. 1908, a terminal charge
not exceeding 81 car.
In the decision rendered on the facts
disclosed by the record in the case Il Is
held that THE terminal charge OF 81 a
car exacted by defendants for the deliv-
cry of live stock at the Union stock yards
In Chicago with respect TO shipments from
points without the state of Illinois is un-
just and unreasonable and unduly dscrim-
inatory. and that such charge should not
exceed 81 a car"
1t further is held that the decree OF
court dsmissing a bill brought to enforce
an order Of the commission made previous
to tho amendment OF June %, 1906 is not
bar TO the right Of the commission to
examine with respect to date subsequent
to June % the sale rate involved in that
proceeding"
COttORseed Rates Too High.
The opinion in the case Of y. W. Press
ley against the Gulf. Colorado and Santa
Fe Railway company and the st. Louis
Southwestern Railway company of Texas.
rendered also by Commissioner Lane de-
cided that the rates Of the Gulf, Colorado
and Santa Fe OF q and 20 cents per 100
pounds on cottonseed in carloads from
Marietta and Berwyn. okL, respectively. 20
Cleburne. Tex, are unreasonable ana
should not exceed 16 and IS cents for 100
pounds, respectively. and the Joint rate Of
the Gulf, Colorado and Santa Fe and the
ST. Louis Southwestern railway OF Texas
Of 4b cents per 100 pounds on cottonseed
in carloads from AIarietsss al5l,, 70 PlSslI y
Tex is unreasonable and should not CR.
eeed 25 cents per 100 pounds The COM
mission also held that the complainant is
entitled to recover sos reparation.
Transfer Charges Must be Published.
The commission In the case OF schager
& Nettleton against the Great Northern
railroad, held that the act TO regulate
commerce does not bar a carrier from pro-
viding for costs OF transfer in making de-
livery to a certain carrier but n II so
provides, 1t must publish and ale a tariff
showing where the transfer win be made,
the kind Of transfer service required and
the charges to be exacted therefor. A
shipper is entitled 10 notice OF transfer
charge other than one coming to him
through the collection OF the charge from
his consignee, and as he Is not Obliged to
follow his shipment and make the trans
fer himself, he is entitled TO the protection
afforded by published definite rate.
The commission further decided in this
case that a carrier cannot excuse the col
lection of an unpublished and unknown
drayage and transfer charge in the proof
that It had a rule which forbade the send
ing of its own cars beyond It's bwn line
during a period OF car shortage and con-
gestion of business. This defense would
be especially unavailable where no notice OF
the rule, either actually or by reference
in a published tariff, has been brought to
the shipper.
CHICAGO, Dec 1O.--Charies w, Baker,
SECRETARY OF the lave Stock exchange said:
We have been ighting this thing since
1894. In that year we secured similar de-
cision under the old law. Later, the SUI
ruling that left matters somewhat unceE-
tain, but gave US the right 70 reinstete our
case under the new law. which went into
effect last year. The railroads may decide
now to hght the constitutlonality Of the
law, but we hardly expect them 70 do 80
DES MONIES. Dec. i0.-Ringing resoiu-
tions condemning Chicago terminals for al
legged overcharging were adopted by the
Iowa Meat Producers association IN ses-
sion here today. Resolutions asking for an
investigation OF the inspection system were
also adopted