Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-05-11
Interstate Commerce Commits
sion Decides Against Cali
fOrnia Railroads.
IN NOTED SWITCHING CASES
Custom ia Vogue in Los Angeles and
san Francisco Of Charging S2.5O
Per Car Must Cease.

In report by Commissioner Frank
llu IS. Lane the interstate commerce
commission has handed down its do
nision in the so-csilled San Francisco
and Los Angeles switching cases" in
volviug the right Of carrier Ca make
lu additional charge for delivering and
receiving carload freight To- and from
industries located upon industrial spurs
or side tracks when IL receives the
main line haul
For some years past IL has been the
practise of the railroads entering Los
Angeles and san Francisco 60 exact
g. 80 per car in addition 10 the regular
freight charge FOR this spur track de-
livery The commission holds that the
charge is u conflict with the provisions
Of the act To regulate commerce. and
orders that II be discontinued II is
the view OF the commission that the
spurs and side tracks serving iudivid-
ual Industries constitute a part OF the
railroads terminal facilities. and that
delivery of carload freight upon such
spur tracks is merely a substitute for
public team track delivery and can
not be made the basis for an additional
charge.
is DELIVERY SERVICE
The railroads which were parties de-
fendant in the cases before the COM
mission oontcnded that delivery upon
an industrial siding Is an additional
service In the nature Of carriage by
rail'-a service for which the carrier
rs not compensated by the freight rate
and for which, therefore. a separate
charge may be- imposed. The commits
sion holds that while a delivering car
rier may furnish carriage as an aC-
cessorial service and may charge there
for as "a distinct and separate terminal
service. such carriage must follow and
be supplemental TO the delivery which
the carrier makes under its published
rates. The service given on a spur
track is q delivery service and nothing
more, the delivery being made at one
of the carriers tracks which Is re-
moved at a greater or less distance
from its public yards. Spur track de-
livery in such cases Is designated as
substitute service, II relieves the car
rier's team tracks and sheds. nccessi-
tating less outlay for expensive yards
"a n crowded city, promotes the speedy
release Of equipment. and vastly aids
i'm conducting a commerce which Is
greater than the carriers own facilities
could freely. adequately and ecouomi-
cally handle The report says:
SERVICE NOT ADDITIONAL.
AN additional charge may be- made
when an additional service Is given. but
the service here given IS not additional
20 that for which the rate pays If
the shipper pays for team track deliv-
cry md does not receive IL, but asks
instead, and is given, "a side track de-
livery which costs the carrier no more,
he may not he compelled 90 pay an adj
ditional charge upon the assumption
that ne has received terminal team
track service which has not been given.
a carrier may not so construct It's rates
as 60 compel an extra charge FOR like
service. and this Ga our Judgment the
defendants az Los Angeles have done"
II Is 20 be noted that the commission
condemns tho switching charge only
when made by the carrier receiving the
line haul The right 10 impose the
charge in the case OF freight moving
over so-callod foreign line and
rendered by the latter for delivery TO
Industries reached by the rails OF am
other carrier is expressly recognized.
In short, if the Santa Fc hauls "a car
load Of freight from Kansas city 10
Los Angeles and delivers it upon an
Industrial siding which it directly
serves. the switching charge cannot
lawfully De collected. lf on the other
hand the car Is transferred at Los
Angeles % the tracks of the Southern
Pacific and switched by the latter 60 am
industry tributary Co its own system.
the right 20 collect a charge boo addi-
ton 10 the freight rate cannot be- de-
MED.
1,i,ts eosftob mo- rhurDa has Iona. hon
cause for complaint on tho part of
California shipping interests Al
though the practise Of giving indus
trial spur track delivery Is universal
through the United states It has never
been the custom 20 make special
charge for the service except at San