The Prince George's enquirer and southern Maryland advertiser. (Upper Marlborough, Md.) 1882-1925, 1908-07-31
A EBAY TOUR LEAVES AUGUST "A
RAILROADS AsSE WARN ED


RAILROADS AsfE WARN ED
A SPECIAL dispatch to the Baltimore
Sun from Washington says;
Like a blow in the face to the rail-
roads Of the United States came the an
norncerant Of the Interstate Commerce
Commission that it will investigate III
advance of complaints any proposed III
crease in freight rate in order to DC aD'e
70 ACT Immediately should protest come
from shippers. It is asserted that PFcs-
dent Roosevelt suggested the warning
issued BY the commission.
Action of SO radical a character as IN
vastigating a complaint in anticipation
of it's being made has not been part OF
tho code of the commission up to TINS
time. It is regarded as indicating an
intention to put an immediate cheek
mon the enforcement of any consider
able increase IN rates on freight, which
it has been freely stated by railway
managers would be necessary Tor them
to maintain their service and keep
equipment in working condition,
Proyocation for the warning Is found
bv railroad managers in the recent an
nouncemsnt Of the adoption of the IN
creased rates III the Southwestern rail
way territory. Tie provision OF law
which requires tariff schedules showing
the proposed increases to be nled win
the commission 80 days prior to the
date of their becoming effective makes
it possible for it to make the inyestiga
ton proposed. Once made and the evil
deuce in hand, they will be able to take
immediate action when a complaint Is
fled
Power to. suspend rate from taking
effect is not lodged with the commits
sion, but it can investigate rate when
once in force and, if it is held unrea-
sonable, order its reduction.
Railroad officials in Washington re-
gard the notice served By the commits
sion as warning that an increase OF
freight rates on their part will not be
tolerated. Il is looked upon as an in
yitatiou to shippers to promptly contest
any increase in rates and bring the same
to the attention Of the commission, that
it may apply the knowledge which ii
wiirthen have at hand for the reduc-
ton of the rates, as it is authorized to
DO under the law. -
There is much interest in the action
by Judge Speer. of the Southern judicial
district of Georgia, granting preiimi-
nary injunction restraining the Atlantic
Coast Line, the Louisville and Nash
vile, the Nashville, Chattanooga and
ST Louis, the Cincinnati, New Orleans
and Texas Pacific and the Southern
Railway Companies from putting into
effect on August 1 the increased rst $
on shipments of staple products from
western to southern points.
In 1903 Judge Speer took the same
course in relation to the increase Of 2
cents per 100 pounds on yellow pine by
the Southern Railway and Southern
carriers, including the Southeastern
Freight Association. The advance was
on rates from Georgia and Chattanooga
to Cincinnati and other points on the
Ohio river. The increase was promul-
gated by the carriers to take effect
April IS, 1903. and would have become
effective kept for the temporary in
junction granted by Judge Speer April
IL On May Is the court dissolved the
temporary injunction and withheld
further action until the case could be
determined by the Interstate Commerce
Commission. The court placed the car
riers under bond to refund the over
charge should the commission decide
hat its increase rate was unreasonable
an.l The rev rate was then allowed to
..a ito effect The commission decid-
ing = favcr Of the complainants, the
railroads refused TO obey their order
and Judge Speer sustained the commits
sions decision and enforced its order
favo,ing the lower rates.
According TO a decision by the com
mission shippers may combine small
quantities of freight of various owner
ship, either by arrangement among
themselves or through the medium of
forwarding agency, and ship the com
bined lot at the relatively lower rates
applicable to large shipments.
The commission decides in favor of
the smaller shippers upon TIE ground
that the ownership Of property tender
cd for shipment cannot be made test
as to the applicability of a carriers
rates The Interstate Commerce law
fo7b!Ls discrimination between shipI ers
and the fact that one shipper tenders
u bulk stipm ent," made up Of prop
erty Of various ownership consolidated
before delivery to the carrier, will not
Justify the carrier in making a different
charge than for 4 shipment of similar
character rendered by shipper who is
also the owner.
The commission rests its decision
principally upon the case of Wright VS..
United States, where the Supreme
Court held that the phrase under sub
s,antially similar circumstances and
conditions,' as found in Section 2 Of
The act prohibiting discrimination, re-
fers to the matter of carriage. The de-
cision also follows the English cases
Interpreting the so called equality
clause Of the English act, which clause
has been substantially incorporated into