New-York tribune., 1908-03-23

iroiled nanaged by the same corporation as con, a
and water line there is arrangement for cor COZ,
;inuous carriage then such water line becomes hib
iect TO all the provisions mandatory anu pioiii"
isory of The act TO regulats oonmeIce, s; Of this
principle SO as to govern foreign commerce when n
such c is carried by rail to the seapSaha Ssnr the
theory of the compainants case that S noint
where the freight is receives. upon ssinsiou all
moves to the point OF ioresl:, ,tro,ri, hin of
lading parties to arrangement Tor or1s
lion end the carriers therein engaged are supsct 70
al the regrla'ive provisions OF the ~al a@ Control
as if they were water carriers. within 'ii'
rni.ed states engased In insestas o is not to be
determined by anything other than NE, tae ws and
a 1lear aiistinction drawn as between interstate
- and 9 fHFssp f1i,s 9ntes and this
IN our opinion such foreign coIthelce e con
me nes es0t csrrag ar h BEYOND the American
The commission may regulate in,efs'ad asI and water
whether by rail or by combined ran s aia sa,~erv
route from point of receipt to pon. Gn oI ign com,
nserce is limited the regulation of sneh f ra
whether by railroad or by a @ ,oint Of trans
and water carriers. from ana 10 'iie i''''
shipment ,-...,o, oe Congress 10 give 90
,his con1nnission jurisdiction over carriers by
water engaged the transportation OF rnasa
concerce would be expected that sucn h eSf
would manifested in other portions % Of rg
snd that adequate maehinerS S,aed LOT e We LOOK in
vain however throughout the many Pios P,.Hs ~
Of s .as sa5us or tSF o the se ra which they handle
No machinery has been set up in ine aca os
steaI1ship lines: and the absence of such pro.
visions can only be ekpiarae;u h; q r,vsn To adopt
another Interpretation and assume jurisdiction oNe
Trans, m aer fo pGb pSbe PelicS pc for the
mission would be totally without apthoS M 10TH the
mandates of the law against such carriers.
and here taking on traffic are Tor cef'an pss pes
poses within reach tf court process: ana % -s
iaticn within the limits which maritime law ana no
,nternatienal policy would permit canons of
legal construction that statute containing @ lIe
ana vrae intended to govern steamship lines owned.
controlled and operated from foreign couh.IS,
arrarsenaents for continuous carriage with d9
must be confessed that congress suvGeeuTr orid "a
presenting piece of legislation 10 aae ,com
Therefore from the language of the act a.sf Itself
The act. and from the decisions of the courts
We are inevitably drawn TO the conclusion that
this commission has no jurisdiction oEer ths tIll
though they may be parties to a through arrange
With a railroad within the tinted states On for
sn commerce to nonadacent country a rar-e2s e9
therein engaged ends at the seaboard-
THE COMPLAINT DISMISSED.
For the reasons given the demurrer VIII be sus,
1sined and the petition dismissed; Lhe & Posll0h
mission against an examination INTO the reiauoh
Tnifed States ana the defendant water carriers,
and concentration Of such arrangement II the ran
soever, because of any reason advantageous TO
them ana disadvantageous TO the general public.
dlsobeEIng any provision OF the act 10 Tesuate at
commerce., refusing or emitting TO comply with
its every requirement. The Cosmopolitan Shipping
Company may bring before the commission tbs.
rail carriers engaged in the TRANSPORTATION OF such
snent, and subject them TO investigation as to their
methods of handling such business and the rea-
i is Is
elimination 5 between shipping points points
Of these rail carriers it is within the function
The commission TO correct such wrong
The commission, not having been gwen controi
the ocean carriers. cannot compel observance
they may after Their rates al such tIles as they
please or for such patrons as they please Ihere-
-3sso1 en- Control an, those which II cannot con
troll and on this line of reasoning it has been the
consistent ruling of the commission that Joint
rates cannot be made between carriers subject to
the act and those not subject TO the act.
on Ss fFs shasd h 5 be the To Re rate to the
port and from the port-an open rate ~ilch @ any
The publication of such does not in any man
rer limit the very valuable privilege of through
RAJ RAJ t tlT i4 4n t,iisbe rate of the inland carrier
mo mo sL-o .5 tte tff fTejrht however should re-
main with the shipper. and on him may be imposed
goes BY one ocean line than by another. and this
rate TO the port the tariffs must & disclose
with what seems be the policy OF the law VIZ
10 the inland carriers Of foreign commerce, the
such commerce should remain ufl-
restrained and free There Is not TO-DAY. anu never
has teeu such thing stability of rates on the
ra-a- perfare II is not desirable that there should
he The ocean s a highway free TO all No ran
= o sail the nor Is the eSt:lo-
,-,,--.r+ cr n line Of SH,irs founded either in law
i-7e -hA theory OF a nupi.c sefNit
,oronov which aIrde~lies the relation of the rail
-o.a "a -ra e-a+a. J. may well he Therefore. 1nat
i.,.ou+ -eo7,la-inn @-d l- ~AaS"n of nHtU c''1
public VIII he best served
a-7F --eared eC'''+1htV flv leaving
70 Fo-aign lands sf1f''elF IN
-.,-,-a7 ~ naa-al institutions sUch the peoi
= ,bsS and o-+n- io-@s have found il necessary
20 ir--paee the railroads.