Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1909-01-02
COMMISSIONERS
GIVE OPINION
FREIGHT REBlLLED WILL TAKE
STATE RATE is TEXT OF RE-
PLY TO COMPLAINT
N EW EXPIRE S SION
Fowler and Wilson Get Response to
Letter of Week Ago Regarding
Interstate and Iowa Dis
tance Traffic.

lance Irattic.
An opinion sent E. d. Fowler, presl-
dent of Fowler-Wilson Coal company
of this city, by the State Railroad COM
mission this morning in response to
complaint lodged by the company
with the commission about week
ago, is thought to not fully cover the
case in point as presented in the letter
of complaint sent to the commission
by the local firm The complaint lode-
ed by Fowler-Wilson company with
the railroad commission dealt with the
interstate and Iowa distance freight
tariffs and was against both the ROCK
Island and Burlington railroads
The state railroad commission Yes
terday recorded formal expression or
| its ruling with respect to freight ship
ments from without the state which
are rebilled within the state to another
! point in the state.
| It's holding is in conformity with the
| Brewer decision and interstate com
merce ruling and is reversal OF the
view taken by the commission for
many years prior to orders entered last
| December.
! In order that the boards coTespon-
dent might have clear understanding
of the opinion of the board the COM
mission assumed the following case:
| /. A car of coal originates at some
point in Illinois and is originally des-
/ tined to keosauqua, la.
/ 2. The original bill of lading made
| out by the common carrier at the point
of origination provides for the ship
ment of the car OF coal from said point
of origination to Keokull, Ia
3. When the car of coal arrives at
/ Keokuk, Ia, the shipper or his agent
pays the freight and by the act OF pay
ing the freight receives the car vi
coal. and orders it rebilled by new
bill of lading, to Keosauqua.
You will notice., says the commits
sion, that in this assumption OF facts
it is contemplated that there should
be two separate bills of lading, each q
completed contract in itself, and that
by the payment of freight and the re
ceipt of the car at Keolluk the first
contract or bill OF ladng is fully PEI
formed. and you will notice furthel
that this first contract is completed By
the SnlDpef VI HIS dStiil, tiliN NV y,
the agent of the company.
Upon the above assumption OF
facts it is our opinion that the low;
distance tariff governs the shipmen
upon the second bill of lading, bein&
the shipment from Keokuk to Keosa1
: qua
Reverses Early Rulings
The commissions consideration .
the subject follows:
We are aware that this holding il
/ not in harmony with the early ruling
| upon the subject, made by this board
. The former rulings made by this boart
: were evidently based upon the jude
ment of the court in the case of Gu!
!, ting VS. Florida, as Federal Reporter
; Gel 12th Wall, $50. This case wa
r decided in the circuit court of tn
northern division of Florida on Jun
, 26. 1891. The decision seems to b
based upon the theory that the shil
ment was in fact an interstate ShiI
, ment because it was one continuoll
journey between the point of origint
! ton and the ultimate destination, an
this was not changed by the breakin
q of this continuous journey by the pa!
/ ment of freight and rebilling.
e In other words. that the controllin
factor which determines whether
shipment is state or interstate is tn
original intent of the parties maxim
/. the shipment The decision is base
n entirely upon the language found i
n the opinion in the very early case {
= 1.-The Daniel Ball, 10th Wall, 557.
!. number of cases are cited in this opil
: ion. citing and approving the Danl'
! Bali case, supra. 1t will serve 4
= good purpose to review the DAM
!, Ball case or the other cases cited
9 the opinion above referred to. 1t
: sufficient for our purposes at this tin
to say that a careful examination
all those cases makes 1t clear to
that they do not furnish any basis fl
II the decision in the case first aboN
= cited.
y All the cases above referred to wei
7 decided many years ago and durir
y the formative period Of legislation I
\ lating to the control OF common ca
Iiers. The conditions have very gres
ly changed both as to legislation al
the adjudication OF courts during Il
seventeen years since the above ca
was decided. If we were now entire
e without authority upon the question:
would not be impressed by the reaso
ing adopted by the court in the ca
of Cutting'vs. Florida Ry. Co., supra.
Brewer Settled It.
1t is the opinion Of this board til
= the precise question involved has be-
le clearly settled by the opinion render
IL by his honor, Justice Brewer, in t
v, case of Gulf Colorado & Santa
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