The Washington herald., 1908-01-01
HIT FOREIGN TRUSTS
Baltic Pool" Case Again Be-
fore Commission.
STEAMSHIP MEN FILE BRIEF
VIII Argue Question Whether bills
of Lading at Through Rates from
Interior Points In United Stntes to
Europe Are Subject 10 Provisions
of Act 10 Regulate Commerce.

The Cosmopolitan Shipping Company
through its general agents, Peter Wright
& Sons. of Philadelphia, yesterday filed
with the Interstate Commerce Commis-
sion its brief against the motion TO dis
miss its complaint against the steamship
lines comprising the sO-called Baltic
Pool The brief was prepared by Ward
w. Pierson. of Philadelphia, in answer to
the demurrer interposed by the defendant
steamship companies 10 the jurisdiction Of
the Interstate Commerce Commission.
The defendant steamship lines include
the Hamburg-American Packet Company
North German-Lloyd. Scandinavian-Auer-
lean Line. and the Wilson GIulD Line.
These companies are among the largest
IN the world, ~and such important ques-
tions are raised in these proceedings as
whether ocean carriers, acting in con-
junction with inland carriers. through the
joint issue of through bills OF ladmg at
through rates, from interior points in the
United States to points in Europe. are
subject 10 the provisions Of the act to
regulate commerce and the jurisdiction
of the Interstate Commerce Commission.
The case is regarded as one OF the most
important ever brought before the com
mission. the complaint charging the Bal
Tie Pool with maintaining a monopoly
in restraint of trade, pooling, discrimina-
tion between shippers and localities. and
the giving of rebates.
AIIege Complete Dictatf0n.
It was alleged by the Cosmopolitan line
that these defendant companies, foreign
in control. dictate the rate. the line
the manner, the methods, and every other
condition Of trade and traffic to which the
United States producer, manufacturer. or
shipper must submit. in order to intro
duce his goods to the three most im-
portant northern. continental ports of
Europe"
The demurrer Of the defendant denied
that the Interstate Commerce Connnis-
sion has any control whatever over trans /
portation from any place in the United
States TO a foreign country or over prop
erty shipped from a foreign country TO
any place in the United States"
The brief OF the Cosmopolitan line
praying for the dismissal of the demurrer
recites az length the decisions Of the
United States courts and previous rul-
ings of the commission to empower It to
make inquiry into the circumstances
which have brought about the conditions
set forth by the complainant and 10 take
prompt action 90 relieve commerce of the /
improper restraints imposed by the de-
PENDANTS.
In urging the intervention of the Inter
state Commerce Commission, the brief
says:
An American corporation indIlging i'm /
such practices and doing a business partly /
by land. similar 10 that OF the defendants.
on the Mississippi River or on the Great
Lakes, or carrying a COastwise trade. /
would be liable 20 fine or imprisonment, Or
both Are these two classes Of corpcs.- /
tons? One domestic. which must obey She |
laws of the United States, must not dis |
criminate, must not rebate. and must not /
pool in the United States. and one. for /
eign, which need not obey the laws of the /
United States, may discriminate, may re- /
bate, or may pool IN the United States. /
because it is a pool of foreign origin, but
in reality performing all and every one Of
these functions that could be performed
by a domestic corporation"
May Upset Rate Structure.
The brief expresses the hope that the
commission viii realize that the tariff
structure OF the trunk line railroads
VIII be completely upset if it decides that
any one Of the parties benefting under
tariff arrangements is without law. The
mission Of the commission, it is declared. !
is to prevent discrimination. to give to !
great and small. to the giant corporation
and the humblest shipper. equal stand !
ing before the law, and equal opportunity !
in the business world. 1t is asked that
the demurrer be dismissed and that the
commission proceed to investigate the
facts as alleged in the complaint Of the /
Cosmopolitan Shipping Company.