The Cairo bulletin., 1910-05-23
INTERSTATE CONNER COM
MISSION CLASHES WITH ALA
BAMA COMMISSION.
PENSACOLA PEOPLE WIN.
Held that Rate on Fish From Mobile
To Points In Alabama Dis
eliminates Against
Pensacola.

I or railroad freight rates ordinarily Is
a complicated question involving In
tricate matters OF law; but it be
comes even more serious p f1ben
when two regulating authorities clash
lon proposition OF the reasonable
ness of rates. Thoughtful observers
4 Of freight rate regulation have antiei.
| pated that /. ooner or later, a conflict
! Of authority would arse between the
7 Interstate Commerce Commis sion
and one or more Of the State Rail-
| road Commissions concerning The fix
| ing of rates.
! Precisely such a conflict develop.
| ed over comparatively insignificant
| case that recently was brought be-
| fore the Interstate Commerce Com.
missn. 1t wa that ct r. E. Saunders
& CO.. OF Pensacola, Fla, against the
Southern Express Company. The
complainants are fish dealers and
shippers at Pensacola i'll the ordi-
nary course OF business, they opera,e
largely in the state of Alabama, a-nip-
ping fish in quantities from sPensaco-
la to points oil destination in that
state by express.
Recently the Railroad Commission
OF Alabama fixed an express rate on
| fish from Mobile, Ala, to other inter
state points that was far below the
EXPIRE rate from Pensacola To tho
same points Of destination. This rate
the express company was forced to
|put tn effect, although " protestedt
against it. Mobile fish shippers, by
reason of this rate, We're given an ad-
vantage over the fish shippers CT
Pen acola to points within Alabama.
Although in many instances, the DIS
tance from Pensacola to points Of
destination was less than from Mo-
bile.
The express company refused to
make the same rates from t ensacola
to points in Alabama as 1t wa re-
quired to make from Mobile, its re-
fusal resulting in complaint filed
against it with the Interstate Com
merce Commission.
The Commission's opinion in the
case was handed down today 1t was
prepared by Commissioner Harlan
and i. The unanimous Judgment OF the
commission. 1t indicates clearly the,
lines Of conflict between the Nation
al Commission and tie various state
commissions, in the regulation of
freight and express rates; and III
that sense. is, one OF the most i'm
portant decisions rendered by the
commission for many months. While
the case directly involved may bel
considered inc0fi; equential, compare
lively. the principal enunciated by
the commission is of countrywide
application, as it opens, at once, the
question whether the National, or the
State, regulating authority is to bel
paramount in the fixing of freight
rates.
The commission states its position
In these terms:
upon general principles Of comfy
fixing rates on state tariff must be
treated with all due respect, but this
commission has never felt itself
bound to accept state-made rate asI
a necessary measure of an inter5tateI
rate. Without criticising the state
commission rates, from Mobile, tbs
commission, in tine light Of the rec
ord and its own investigation, finds
itself unable to accept the Alabama
rates as a fair and reasonable basis
for fixing the defendants rates to the1
same points from Pensacola"
The situation and the testimony
are discussed thoroughly in the opiI-
ion. In announcing that 1t would not
close the record In the case until the
defendant had made further effortsl
to contest the order Of the Alabama
commission, the interstate commerce.
commission says:
''rhe carriage of traffic by COM
Nph StHiitCt IVA hht NoliIiiuhity VI chS
set of shippers at less than it carries
the same traffic for like distance,
and under substantially similar tram:
portation conditions, for another set
of shippers is not only in contravent.
ion Of fundamental right and justice
but Is essentially iniquttous. II such
discrimination is practiced by o.
common carrier az between communi.
ties or different Sc: OF shippers.
within the same state and on traffic
moving only within the state, re.
dress may be had under the act to
regulate commerce 3
But when csTy.f-.- az u this
case, serves two communities similar
ly -ituated. by hauling the sama traf-
fic under similar conditions from a.
point Of origin to destination in the