New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-03-14
RATE on MILK CUT.
Z. S. Board Lays Dozen I'M
pOrtaHt Rulings.

Albany, March 13.-HoldinG that milk is
food article Of daily consumption, properly
regarded as necessity of life in all house
holds, and as such must be deemed to come
within that class of commodities which the
whole public interest requires shall be
transported by public carriers TO consum-
ing localities at low rates the Public Ser
vice Commission, ID District, has decided
that the advance of one-half cent a gallon
in the rates milk to Buffalo, for dis
tanceS up to seventy-five miles from Buff
falo. and of l cent a gallon in rates on
cream to Buffalo for the same distances,
made by the steam railroads entering that
city, Is unreasonable and unjust, and that
the rate should not exceed IA cents a gal
lon in eight and ten gallon cans OH milk
and 212 cents a gallon on cream in five to
ten gallon cans.
The commission wholly sustains the COM
plants made by the Western New York
Milk Producers Association and the Asso-
citation of Milk Dealers of the city Of
Buffalo against the Delaware, LackaUanna
& Western, the New York Central & Ifud-
son River, the Pennsylvania, the Buffalo,
Rochester & Pittsburg, the Erie and the
Buffalo & Susquehanna Railroad companies.
The opinion just issued by the commits
sion on this case was written by Commits
sioner Martin S. Decker, and lays down the
following important rulings:
This commission has absolutely no func-
ton TO perform respecting the regulation
OF prices for milk made by dealers and
fined TO the fixing of transportation charges
on milk when shown unreasonable or I'M
provisions of law which require carrier
charges shall be limited to the point of
reasonableness justify the carrier in in
sisting on the right 10 charge as much as
In a case involving the reasona bleness
of rates, the cost of production OF a given
for sale, and the prices charged in whole
sale and retail markets or for delivery to
consumers, are all elements entitled TO fun
weight, but with them are to be consd-
cred the history of the traffic in question
and the conditions pertaining 20 perform
ance OF transportation by the carrier, in
Guiding the changes in such conditions.
Evidence showing the general custom of
carriers as 10 rates on given article to
large number Of cities and throughout
VIDE territories Is not conclusive; similar
ity Of traffic and transportation conditions
must also be established. and this must
then be considered III connection with the
other elements of the case.
The increased cost of labor, materials and
equipment for railways may be fully met
by Increased volume of traffic on the rail
way. and the question whether an increased
railway rate is justified is by no means
settled when II Is shown that, compared
with former years, the railway company
is subjected to greater present cost of OPP
Grafton.
There is no evidence on which the com
mission can ascertain the cost of the milk
service Oh the respondent lines. While
there has been general increased cost of
railway operation and some increase in the
average distance haul Of milk by reSpon-
dents to Buffalo. the practically constant
Use Of the same equipment in milk
traffic. the economical employment of pas
L IA
I'm that service the large and constantly
increasing volume Of the milk traffic and
its reliable character as a daily movement.
and all of the other stated conditions III
these cases. indicate that the old rate on
milk was profitable to the respondents and
would be so under present conditions.
The order Of The commission a. to the
Buffalo Susquehanna Railway Company
is on account Of The present financial con
diiioH of that company. suspended pend
Ing such further Investigation as may bc
required.