The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1910-05-25

PENDANT had
contest the order - l0liIl8
commission, the Inter-State Commerce
Commission says:
"The carriage of traffic by a COM
mon carrier for one community or one
set of shippers at less than it carries
the same traffic for like distance,
and under substantially similar trans
portation conditions, for another COM
munity or another set of shippers is
not only in contravention of funda-
mental right and justice, but is essen
TALLY Ubiquitous. If such discrim-
fnation is practiced by common car
rier as between communities or diff
ferent sets of shippers, within the
same state and on traffic moving only
within the state, redress may usually
be had under the state laws. On the
other hand, if an interstate carrier is
guilty of such discrimination with
respect to interstate traffic, redress
may be had under the act to regulate
commerce.
But when carrier. as in this case,
serves two communities similarly sit
uated, by hauling the same traffic un-
der similar conditions from point
of origin to destinations in the same
state and also to the same destina-
tions from an interstate point
of origin, it is not altogeth-
err clear that existing legislation al
fords redress against discrimina-
ton, as between the two points, when
resulting from an order by the state
commission. But unless some such
power is lodged somewhere under ap-
propriate legislation, it is evident that
state-made rates, If established in
pursuance of narrow or selfish local
policy, may not hinder and harm, and
burden interstate traffic interests, but
may. if adjusted with that end in
view, take from point in another
state business that naturally belongs
to that point or in which it is entitled
at least to participate, on the basis of
equal rates and equal opportunity.
Whatever may be the explanation,
whether it rests in the greater zeal,
activity, and ability of the fishing in
terests at Pensacola or whether it is
natural advantage belonging to that
port, the fact appears that for years
Pensacola has enjoyed a larger busl-
ness in the distribution of fish
| throughout the state of Alabama than
has Mobile. BY a reimbursement of
the state rates out of Mobile, wheth-
err so intended or not, the process of
taking from Pensacola, through lower
statewide transportation changes,
what it's superior zeal or its greater
natural advantages have given to it
has commenced and is now going on.
ION principle it is clear that car
rier operating through two or more
states is but one vehicle of commerce,
and all traffic moved by it, whether
state or Interstate, ought, when the
general transportation conditions are
the same, to bear its just proposition
of the cost of operation and ought to
yield no more and no less than its
just proportion of the revenues of the
carrier.
"Any other theory is fundamentally
linequitable, illogical, and unreason
able 1t may be, but on that point
we express no opinion, that the Con
gress may constitutionally protect in
terstate commerce, as we'll as the car
riers that are engaged in interstate
transportation, by requiring that any
state traffic moved by such a carrier
shall bear it's just proportion of the
cost of operation and yield its proper
proportion of profit to the carrier; anc
that with such an end in view it may
authorize this Commission to fix min
imum rates, at least, for state traffic
when moved by carriers engaged alst
in Interstate transportation; OF tnat i
may provide that no carrier engaged
in the interstate transportation of pas
sengers or property may at the same
time CARLY state traffic at rates tina
are less than the rates exacted by i
for insterstate carriage of like dis
lance and under like transportation
conditions. 1t has, however, not al
tempted any such legislation, an
whether such an enactment woul
stand the test of scrutiny by tn
courts under the constitution as
now stands, and If so, whether
would be desirable from the stanf
point of a broad policy, are question
that must ultimately be determine