Los Angeles herald., 1908-07-28
DECISION FAvORS
SMALL. SHIPPERS
MAY COMBINE IN SENDING
CARS OF FREIGHT
LOWER RATES MAKE coMPETI-
TON POSSIBLE
Interstate Commerce Commission
Finally Decides Question Affecting
Thousands of Merchants and
Manufacturers
BY Associated Press.

BY Associated Press
WASHINGTON, July 27.-Ac.ording
to a decision today by the Interstate
commerce commission shippers may
combine small quantities of freight OF
various ownership either by arrange
ment between themselves or through
the medium OF a forwarding agency
and ship the combined lot at the rela-
lively lower rates applicable to large
shipments.
The commission decided in favor OF
the smaller shippers on the ground
that the ownership of property ten
dered for shipment cannot be made a
test as to the applicability as TO car
riers' rates.
The interstate commerce law forbids
discrimination between shippers and
the fact that one shipner tenders a
"bulked" shipment, made up OF prop
erty of various ownership consolidated
before delivery to the carrier, will not
justify the carrier in making a differ
ent charge than for a shipment of a
similar character rendered by ship
per who is also the owner.
The commission rests its decision
principally upon the case of Wight VS..
the United States, where the supreme
court held that the phrase under sub
stantially similar circumstances and
conditions as found in section 2 of
the act prohibiting discrimination re-
fers to the matter of carriage.
The decision also follows the Eng
fish cases interpreting the so-ealled
equality clause of the English act,
which clause has been substantially
incorporated into the Interstate COM
meree law.
This decision was made by Com
missioner Lane, based on complaint
by the California Commercial associa-
ton vs. Wells, Fargo & Co., the ex-
press company refusing to apply its
quantity rates to shipments which con-
sisted of a combination of packages OF
various ownership rendered at one
time and one place by a single con-
sigGor and consigned to single con-
signee, under one bill of lading.
The expert shipping cases in which
several railroads are named as de-
PENDANTS arise from a similar situa-
ton. The complainant is engaged as
a forwarding agent at Chicago and
New York, assembling packages of
merchandise of various ownership,
consolidating them into carload lots
and shipping at the carload rate. The
refusal of the carrier TO ACCEPT car
load rates for these combined ship
merits was under the official classIfica>
ton which the commission now de-
clares to be illegal.
1.-THE enforcement of such a rule
the commission says, I'VE feel safe in
saying would do incalculable injury;
indeed, 1t would so affect transporta-
ton practices as to be nothing short
of revolutionary.
mo practices have become more
firmly established in the Transports
ton world than that of combinins,
small quantities of freight of various
owners and shipping at the relatively
lower rates applicable to large con-
signments and under this practice hat
developed an immense volume of traf-
flo which otherwise could not have
been brought into being. 1t is not an
exaggeration to say the. enforcement
of such a rule by the carriers Of the
United States would bring disaster
upon many of the small industries and
more surely establish the dominance
of the greater industrial and CONNER
cial institutions"