Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1908-01-19
Delegation Meets During Afternoon,
but POstpones Action.
TRY II AGAIN ON TWENTY-FIVE
Important Decision on the Long and
Short Haul Rate Question.
HIGHER FEE FOR SHORT HAUL
C@-n mission Looks Upon "a with Dis
favor "a n Rule, hut Conditions
Sometimes Make It's Exsc-
tiSn n Necessity,


tFrcr q starr correspondent
WASHINGTON. Jan. 1s--gspecisl Teis-
gram.)-At a conference between the presi-
dent and Senators Burkett and Brown this
morning the president suggested. in order
TO bring about harmony over the revenue
collectorship. that the representatives from
Nebraska be called in and that the mem
bers OF the delegation vote their choice.
Long and short Haul Decision.
one Of the most important decisions that
has been rendered by the Interstate Com
merce commission for many months was
that handed down today by Commissioner
Clark in the case Of the Bovaird supply
company against the Atchison. Topeka
Santa Fe railway and other carriers. The
decision involves a discussion Of the com
missions views respecting the long and
short haul clause Of the interstate COM
ulerce act and in the course OF the opinion
the commission states why it cannot al
ways approve Of a lower rate for short
haul than for a longer one in the same
territory.
In the present case the complainant ships
rope cable from San Francisco to Independ-
ence. Kan. on which it is charged a5
cents per 100 pounds. whereas the rate on
such rope cables from San Francisco to
Mississippi river common points and Chi
cago common points is only 60 cents per
100 pounds. The commission decided that
under the circumstances the rate was not
unjust or prejudicial TO the complainant
In the course OF the decision the comnnis-
sion announced the following important
findings OF interest 70 shippers and carriers
throughout the country;
Erroneous application OF an unlawful
rate iH not evidence that higher lawful
rate thereon ia unreasonable.
A rate 20 one point that does not permit
Of disadvantageous competition from a
point beyond enjoying a lower rate does
not create unreasonable prejudice as TO
the one or give undue preference 70 the
other.
Practice in Diafavor.
The commission views with disfavor the
msintenance OF a lower rate tor long
haul than for a shorter one Included within
the longer, and the circumstances ana con-
ditlons obtaining AT the more distant point
which are relied upon to justify il must not
only be clearly shown to be substantially
dissirnilar from those prevailing al the
nearer point but also TO clearly exercise
potent or controlling influence in making
the lower rate
points OF production In commodities be-
tween carriers and in rates prevailing at
the farther distant point, but not at the
nearer one, controls the establishment Of
a lower rate 10 the former. il viii consti-
tute such dissimilarity Of circumstances as
viii Justify the lower rate for the longer
Dissimilar circumstances which justify
under section 4 a greater charge for a
shorter haul than for a longer haul will
also prevent such rate from constituting
an Illegal preference or advantage under
section 3 Upon discovery that shipments
have through mistake been moved at an
unlawful rate the carrier should forthwith
demand and the shipper forthwith pay the
difference between such unlawful rate ap-
plicable thereto
HaIfOrd Turned Down.
Lieutenant Colonel Elijah F. Halford [.
S. A. retired. who. was private secretary
TO President Harrison. recently applied 10
the War department for advancement to
the next higher grade in the army on ac-
count Of service during the civil war Il
was shown that Colonel Halford was en-
pioyed during that war as a paymaster's
clerk for five months and twenty-nine days
in 1854 The War department has decided
that as q psymasteF's clerk Colonel Hal
ford was neither an officer nor an enlisted
man in the regular or volunteer forces
within the meaning Of the act OF April
3. 1904 which allows retirement with pay
and increased rank to officers who served
during the civil war. It was held that the
word officer as used in that act applies
only 10 commissioned officers and does
not include civilian employees.