The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1910-05-24
REPORT ON THE ,REGULA-
TION OF RAILROAD RATES.

IN May
of railroad freight rates ordinarily is
a complicated question, involving in
tricate matters of law; but it be-
zones even a more serious problem
when two regulating authorities clash
on a proposition of the reasonableness
of rates. Thoughtful observers of
freight rate regulation have anticipat-
ed that, sooner or later, a conflict of
authority would arise between the In
ter+State Commerce Com mission and
one or more of the State Railroad
Commissions concerning the fixing of
rates.
Precisely sue a conflict has de-
veloped over a comparatively insight
icant cas- that recently was brought
before the Inter-Statet Commerce Com
mission. II was that of Z. r. Saun-
ders Il Co., of Pensacola, Fla, against
the Southern Express Company. The
co1nplainants are fish dealers and
shippers at Pensacola. In tae ordi-
nary course of their business, they
| operate largely in the state of Ala
hama shipping fish in quantities from
Pensacola to points of destination in
that state by express.
Recently, the Railroad Commits
sion of Alabama fixed an express rate
on fish from Mobile, Ala. to other in
tra-state points that was far elo the
express rate from Pensacola to the
same points of destination. This rate
the express company was force to
put i'm effect although it protested
against it. Mobile fish shippers, by
reason of this rate. were given an
i ad ~ N 4 oa nxrn~ tho Sol. Sli~@v 80
Pensacola to points within Alabama,
although, in many instances. the dis
lance from Pensacola to points of
destilation was less tlan from Mobile.
The Southern Express Company re-
fused to make h same rates from
Pensacola to points in Alabama as ii
was required to make from Mobile, its
refusal resulting in a complaint filed
against il with the Interstate Co-n-
merce Commission.
The Commissions opinion in the
case was handed down today. IL was
prepared by Commissioner Harlem
and is the unanimous judgment of the
Commission 1t indicates clearly the
lines OF conflict between the National
Commission and the various State
Commissions. IN tle regulation of
freight and express rates: and. in
that sense, is one of the most impor-
tant decisions rendered by the Com
mission for manv months. While the
case directly involved may be cOlsid
cred as inconsequential, comparative
ly, the principle ~enunciated by the
Commission is of countrywide appli-
cation, as ii opens. at once the ques-
ton whether the national, Oh the state
regulating authority is to be para
mount in the fixing of freight rates
The Commission states its position
i'm these terms:
Upon general principals of COM
ity h action of a state commission
in fixing rates on state traffic must
be treated with all due respect, but
this Commission has lever felt itself
bosnd to accept a state-made rate as
a necessary measure of an interstate
rate. without criticising the state
commission rates from Mobile. this
Commission, in the light of tle record
and IT'S owa investigation. finds itself
unable to accept the Alabama rates
as a final and reasonable basis for
fixing the defendants rates TO the
the same points from Pensacola"
The situation and the testimony
are discussed thoroughly IN the op-
inion. IN announcing that 1t would
not close the record in the case un-
tl the defendant had made further
efforts to contest the order Of the Al
ahama constitution. the Interstate
Commerce Commission says:
"The carriage Of trafic By q co0''