The Norfolk weekly news-journal., 1909-08-27
Railway Wins in Big Rate Case.

against the famous Missouri river case
was granted here today by Judges
Grosscup, Baker and Kohlsaat of the
United States circuit court
Judge Grosscup delivered the deci-
sion of the court, Judge Kohlsaat con-
curing, while Judge Baker delivered
a dissenting opinion.
To Carry It Higher Up.
The interstate commerce commits
sion. thus defeated in its first attempt
to bring about what is alleged to be
new system or principle of rate
making, will, it is asserted, carry the
case to the supreme court of the Unit
ed States.
The parties which petitioned for the
Injunction were the Chicago, Rock
Island and Pacific Railroad company,
the Chicago, Burlington and Quincy
Railroad company, the Chicago, Mil
waukee and st. Paul Railway company.
the Chicago and Northwestern Rail-
road company and the receivers of the
Chicago Great Western Railroad COM
pany, ct al. The Illinois Central, the
Santa Fe, the Alton, the Missouri Pa
cific and the Frisco Railroad compa-
MES and a number of important Ship
ping interests interviewed as COCOON
plainants.
Localities Are Concerned.
"The question raised" said Judge
Grosscup in rendering his opinion, "in
it's larger aspect, is not so much a
question between the shippers and the
railroads as between the commercial
and manufacturing interests or Den
yer and of the territory of the Missis-
sippi river on the one side, and the
commercial and manufacturing inter-
ests of Missouri cities on the other
Besides granting the permanent in
junction in the Missouri river rate
case, the court also granted a prelim-
mary Injunction in the Denver rate
case, which is based on principles SIM
liar to the Missouri river case.
The Through Rate Involved.
The railroads in the Missouri river
rate case sought to have the interstate
commerce commission enjoined per-
manently from enforcing an order OF
the commission made June "a, 1908.
relating to Joint rates from the Allan
tic seaboard to Missouri river cities.
This order sought to create system
of through rates from the Atlantic sea-
board to the Missouri river that were
a reduction from the sum of the local
rates.
Burden on Western Roads.
/ vN1~N TO
threw the burden upon them. The
iolnt rate now in force from the At
lantic seaboard to the Missouri river
on first class matter is $1.47 per hun
bred pounds. The reduction propos'
ed by the commission was to $1.3S.
The through rate now in force on the
same matter from the Atlantic sea-
board to the Mississippi river is 81
cents, which plus the through rate
from the Mississippi river to the Mis-
souri, river eco cents) makes the same
total, $1.47 per hundred pounds, as
the joint rate from the Atlantic sea
board to the Missouri river.
The commissions defeated purpose
would have allowed the Atlantic sea
board OF deliver goods to Missouri
river cities on a joint rate 8 cents
less than could have been done II the
shipments were sent first to the Mis-
sissippi river and then resent to the
Missouri river.
Decision Limits Commissions Power
Today's decision II sustained will
it is said, limit the power of the in
terstate commerce commits ion to the
settlement Of cases Of rate discrimina
ton.
Speaking of the power of the com
mission, the opinion says:
Long and Short HauIs.
1--WE are not prepared to say tina
the commission has not the power u
enter upon a plan looking toward
system of rates wherein the rates 70
/ longer and shorter hauls, will tape
| downward according to distance, pre-
viding such tapering is both compre
, hensively and symmetrically applied
, applied with a design Of carrying OH
|. what may be the fact. that, on tn
whole, 1t Is worth something less pc