The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-03-23

point Of receipt 70 point OF delivery
Dui the commission in ifs control
over foreign commerce Is limited To-
the regulation % such traffic. wheth.
er by railroad or by "a combination OF
rail and water caryiers from and to
the point III trans-shpment
"rhc act provides no machinery by
which its provisions can be- enforced
as 70 transatlantic steamship lines
that absence OK such provision can be-
eNplaincd only by accepting the ln-
terpretaiion that the commission has
no jurisdiction in the premises
The pooling Of traffic by water
carrierH is plainly a matter over
which this commision has no iurls.
dic;ion
"A rail carrier may control and
connect with q ilne of steamships en-
gaged IN foreign commerce, with
which It may Interchange business
rs freely as with another rail carrier.
and Il may quote q combined rate for
The through movement the asent uf
the railroad company lctiug as the
agents OF the steamship company ia
90 doing.
The act provides that this com.
mission shall exercise Jurisdiction
over the inland portion of the haul.
either to or from the foreign coun-
try. and 1t must logically and 1cces-
sarily follow that the rate wh'ch
must he field with che commission
under section OF the act IS the rato
governing such movement On Tor.
eign commerce the rate 10 be puhli8h-
ed with this commission should hc
the rate to the port and from tile
port-an open rate. with which anv
who desire TO do so may use with
This position does not conclude
the commission against an oXamina
tion into the relation which exists be.
tween the rail carriers of the United
states and the descendant water car
riers and condemnation OF such ar
rangement. Il the rail carriers "a the
seaboafd are by amy means whatso
ever disobeying any provision of the
act OF emitting 20 comply with its
every requirement.
Ia effect. through these conclusions
the commission decides that II mas no
power to re4traln. control. or reetIaia
the practices OF the trans-At'anOe
steamship lines which appear as dss
PENDANTS i'm thia case C1anis ssiuner.
Lane asye that IL is clear Under
plain reading OF the Interstate Com
merce act. that no basis exists for
tile contention that the commission
has iurlsdetiOn as to shipments from
ports OF the United states to q for-
eign country not adjacent when such
are not carried by rail. or
by rail- and water. from an inland
point OF origin 10 point of trans
shipment There may b. an unlimit
ed volume OF AL water commerce
from the American seabOard to the
European ceahoard, but over such
commerce or the the carriers engaged
therein, The commission has no
regulating power whatsoever so long
as the shipments originate at the
seaboard and are not transshlppad
10 the ocean carriers.
Accordingly continues Commits
sioner Lanes opinion, 1T has been
the uniform Interpretation Of the Law
hat an allwater carrier engaged in
carrying freight originating at Naw
York on New Orleans may engage IN
such traffic between such ports With
out publishing its rates with this
commission, and so may the steam
ships plying between Seattle and San
Francisco. or the carrier. which
freight from Duluth to
Chicago on the great lakes, or the
river carrier from Memphis to New
Orleans, but If such water carriers
are controlled or managed by the
same corporation as controls or man.
ages a rail line. or il between a rail
line there IS an arrange
nent for continuous carriage, then
such water line becomes subject So
an the provisions mandatory and
prohibitory Of the act 10 regulate
commerce.