The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1909-08-27
CURTAILS POWER
OF COMMISSION!
Court Decision in Missouri
River Rate Case
INJUNCTION IS GRANTED

vssNVS OSoSS OVSusssStS0
joined by United States Circuit
Court From Enforcing an Order Re.
Iatino to Joint Rates From the AZ.
lantic seaboard to Missouri River
Cities.
Chicago, Aug. 25.-The permanent
injunction sought by Western rail.
ways against the interstate commerce
commission in the famous Missouri
river rate case was granted here by
Judges Grosscup, Baker and Kohlsaat
Of the United States circuit court.
The decision. If sustained by the
United States supreme court, will. It
'is said. limit the power OF the inter
state commerce commission to the
settlement of cases OF rate discrim-
tnation.
The railroads in the Missouri river
rate case sought to have the inter
state commerce commission enjoined
permanently 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 a system
Of through rates from the Atlantic
seaboard to the Missouri river that
we're a reduction from the sums of
the local rates. This. according. to
lHYoe<0vn voolo $hrou, %h4 h,,rdon
upon them.
The Joint rate now in force from the
Atlantic seaboard to the Missouri river
on first class matter is $1.47 per hun
dred pounds. The reduction proposed
by the commission was $1.38. The
through rate now In force on the same
matter from the Atlantic seaboard to
the Mississippi river is 81 cents,
which. plus the through rate from the
Mississippi river to the Missouri river
eco cents), makes the same total.
$l.47 per hundred pounds. as the joint
rate from the Atlantic seaboard to
| the Missouri river.
Effect Of Commissions Order.
The commissions defeated purpose
would have allowed the Atlantic sea.
board to deliver goods to Missouri
river cities on q joint rate 9 cents
less than could have been done II the
shipments were sent. first to the Mi1i
sissippf river and then resent to the
Missouri river.
Speaking Of the power Of the com
mission the opinion says:
I'VE are not prepared to say that
the commission has not the power to
enter upon q plan looking toward a
system Of rates wherein the rates for
longer and shorter hauls will taper
downward according to distance. pro
viding such tapering is both compre.
hensively and symmetrically applied
applied with design Of carrying
out what may be the economic fact
that. on the whole. it is worth some.
thing less per mile to carry freight
long distances than short distances.
But 1t does not follow that power
Of that character includes power. by
the use Of differeptials. to artifcially
divide the country into trade zones
tributary II given trade. and manu-
featuring centers. the commission II
such cases having as a result. to pre-
determine what the trade and mann
featuring centers shall be; for suc'
power. vaster than any one body o,
men has heretofore exercised. though
wisely exerted In specific instances
would be putting In the hands 81 tht
commission the general powe, Of life
and death over every trade and mar
featuring center In the United States
The opinion holds that the commits
sion In attempting to enforce its OF
der sought to exercise this colossal
power.