Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1908-11-10
CIRCUIT COURT
FAvORS ROADS
DECISION IN MISSOURI RIVER
JoBsERs' CASE AN IMPORT
ANT MATTER.
MEANS MUCH HERE
The Effect of Action by Judges May
Take Power From Interstate
Commerce Commission to
Fix Rates.

The decision OF Federal Judges
Grosscup, Seaman and Baker
"a few days ago at Chlcago.
in the famous Missouri River Job-
bers' case may mean considerable 10
the ultimate settlement Of the Ottum-
wa Commercial Associations rate
c Sc heard be. re the interstate COM
merce commissioner, James S. Harlan,
October 81. II the Chicago circuit
court is sustained by thu United States
Supreme court it is thought that a
severe blow has been struck at the
interstate commerce commission IN
the matter of fixing freight rates.
While the local case Is not Identical
with the case mentioned. there is rea-
son to believe that If the action of the
circuit court judges holds. the efforts
of the commission will not avail the
local association much should they
get favorable consideration by the In
terstate commerce commission.
Points Main Question.
The Chicago court says:
"The interstate commerce act makes
it unlawful for the railroad, the car
rier, to make undue preference or I'M
reasonable preference or discrimlna-
ton between individuals, corporations,
distinctive characters of traffic or To-
calities. The sole question, in apply
ing that act to any given case, Is 70
determine what discrimination Is I'M
due or unreasonable.
"There is no doubt but what in the
case brought to our attention in this
BILL there Is discrimination. but Is that
undue or unreasonable within mean
ing Of the act? Whether it be undue
or unreasonable depends upon s.
many considerations that there Is nc
one test that applies to it.,
"As between individuals living In
the same locality and engaged in the
same kind Of traffic, and especially, d
particularly, unless one has wholesa's
| traffic and the other has retail traf
| fic, there would be discrimination, un
due and unreasonable discrimination II
there was any discrimination. But
between localities, as for instance st
Paul or Minneapolis on the one hand
and the Missouri river cities on tbs
other, there might not be undue or I'm
reasonable discrimination because 81
the accessory fact that st. Paul anc
Minneapolis had competitive line
by way Of the great lakes. That Is
only illustrative of the elements o.
considerations that enter into the in
quiry of what is undue and what is
unreasonable"
The court then takes up the ques
ton of commercial conditions, which
it is intimated, ought not to be dis
turbed except upon strong provoca
ton
BasIs Of Commerce.
"In the first place, there has grown
up in this country, on the basis o
the old rates, the commerce Of thu
country. We cannot overlook tina
fact We must take notice Of tina
fact It is altogether probable, as {
part of that fact. that trade houses
in this intermediate country hav'
grown up upon the condition tina
they are given the same relative rate
to the western country tha11 the Al
lantic coast cities are given to tn
western country"
At any rate, the court concludes, tn
order of the commission greatly dis
turbs commercial relations which hav'
grown up through long term Of year