El Paso herald. (El Paso, Tex.) 1901-1931, 1910-05-23
Question of Shipments in
Alabama Brought Before
Interstate Commerce Com
mission.

Washington, D c., May 23.-Regula-
ton of railroad freight rates ordinarily
is a complicated question, involving in
tricate matters of law; but it becomes
even a more serious problem when two
regulating authorities clash on a pTopo-
Thoughtful observers Of freight rate
regulation have anticipated that. sooner
or later, a conflict of authority would
arise between the interstate commerce
commission and one or more of the
state railroad COMMISSIONS concerning
the fixing of rates.
Precisely such conflict has devel-
oDed over a comparatively inS' Snlnc5ht
case that recently was brought before
the interstate commerce comm'sS- n 1t
was that of z. Z. Saunders & Co. or
Pensacola, Fla, against the Southern
Express company The complalnants
are fish dealers and shippers at Persa-
cola. In the ordinary course cf their
business, they operate largely in The
state of Alabama, shipping fish in
quantities from Pensacola TO points OF
destination IN that state by express.
The Troublesome Rate.
Recently, the railroad commission OF
Alabama fixed an express rate on 1Isn
from Mobile, Ala. to other intrastate
points that was far below the express
rate from Pensacola 70 the same points
of destination. This rate he express
company was forced TO put in effect. al
though it protested against l. Mobile
fish shippers, by reason of this rate
were given an advantage over the iish
SINNERS of Pensacola to points within
Alabama. although in many Instances
the distance from Pensacola to points
of destination was less than from Mo-
bile.
The Southern Express company rt-
fused 10 make the sane rates tom zen
sacola to points in Alabama, as it vas
required to make from Mobile, its re-
fusal resulting in a complaint filed
against it with the interstate commerce
commission.
Commission Gives Opinion.
The commissions opinion in the case
was handed down today. 1t was pre-
Dared by commissioner Harlan and IS
the unanimous judgment OF the commls-
sion. It indicates clearly the lines OF
conflict between the national comlnls-
sion and the various state commissions
in the regulation of freight and express
rates: and, in that sense, is one OF the
most iurc, ::.r1 decisions rendered nv
the commission for many months
While the case directly involved may
he considered as inconsequential, COM
naratiyeIy. the principle enunciated by
the commission is of countrywide ap-
plication, as it opens at once the ques-
ton whether the. national or the state
regulating authority is to be paramount
in the fixing of freight rates.
The commission states its position II
these terms;
Upon general principles of comfy
the action of a state commission II
frying rates on state traffic must b;
treated with all due respect, but this
commission has never felt Itself bodnc
to accept a state made rate as a neces-
sary measure of an interstate rate
Without criticising the state commits
sion rates from Mobile, this commits
sion. in the light of the record and its
own investiga lions, finds itsef unable
to accent the Alabama rates as fan
and reasonable basis for fixing the de-
PENDANTS rates TO the same points from
Pensacola"
An Iniquitous Action.
The ST. ddtiCn and the testimony arc
discussed thoroughly III the opinion. II
announcing that ii would not close the
record in the case until the defendan
had macs further efforts to contes
the order Of the Alabama, commission
the interstate commerce commission
says:
| The carriage of traffic by a com