New-York tribune., 1911-11-15
RAILROAD LAW UPHELD
| ond- and Short Haul Clause De-
CIared Constitutional.
COMMERCE COURT so RULES
Orders of Interstate Commission
in Transcontinental Rate Cases
Temporarily Enjoined,

Nsshington Nov. 1.-THE mai iority OF
,ho commerce Court. in an opinion handed
aovn to-day in tho transcontinentsl rate
osses holds that the iong-and-short-haul
.iauso Of the interstate commerce act Is
Etons,it,tionaI Judge Archibald concurs in
,,o isyuance of temporary injunction
sesins orders OF the Interstate Commerce
commission. but his opinion holds the long
a,a.short haul clause Invalid.
The court reached the conclusion that the
.ssos finvolved in the present proceeding
.sorded the best possible opportunity for
+. determination of the constitutionality OF
.ho Iong-and-short-hau clause II was
realized that that question eventually
r.ould have to be fought out before the
United states Supreme Court.
In the formal opinion, prepared by Judge
Mack. the court not only agrees with the
rr,erstate Commerce Commission that the
long -and-short-haul provision-the fourth
ssction Of the LAWS constitutional but
that "A would be unconstitutional, as an
unla Viii delegation OF legislative power
n n6standard were given Ito guide the
e,erciss OF the commissions discretion in
rran,ing authority TO depart from the rule
,orbidding a lesser rate for the long than
for the short haul in the same direction
and over the same line"
BY al exhaustive examination of the
entire law. however. the court finds that
# is the duty of the commission to exer-
else it's discretion TO establish lower rate
for A longer haul than for a shorter If the
conditions, in its opinion, warrant such
action.
Commission Exceeded Powers.
The court points out that the orders of
tho commission which are cnjoined do
moi establish absolute rates for either the
long or short haul. but they do establish
4 fnlafIon between any long-haul rate that
carrier may put into effect and the short
haul rate. determining that. from Zone
s the Western short-haui rate shall not
exceed the long-haul rate, and that from
Zones >. and the short-haul shall not
exceed the long-haul rate by more than
per cent. Is per cent and - per -nt,
respectively The opinion adds;
In so far as the commission attempts
thus 20 determine the relation OF the long
and shoTt-haul rates. irrespective or abso-
lute rates, IL goes beyond any authoritA
that has been vested in II. for II Is not III
the power Of the commission TO say that
~, rsr cent or 1O7 per cent or any given
Percentage of an unknown less than rea-
s0nable rate 10 the coast is necessarily
a maximum reasonable and non-discrml-
natory rate from the same point ol origin
10 an interior point.
The practical effect Of the commission
order Is either 10 compel Dialkel idto
froan the entire East to the entire west,
or 10 prevent the carriers from setuhe %i
the business which they now secure with
ont loss by making rates which enable
merchants to meet marke' competition In
a word unless some thl 0ugh business IS
given up. the effect of the orders wculd
10 TO nut Spokane and other interior points
on an equality with Seattle and other Pa
rj0c Coast points. ut least from Zone J.
= position TO which they would not DC en-
titled under all circumstances IN view ol
fneir relative locations, the former touI
hundred miles more or less III lhe l"tc''ol'
tie latter OF the coast.
Judge Archibald. in an opinion concorrins
with tn majority Of the court as to the
ryouriety of the granting Of temporary IN
innctions against the orders Of the com
y,issjbr. which he holds wore clearly in
yahd saws:
cannot SEQ ny way Go 80 beyond this
aud declare the fourth section wand on
vEicb. II ANYTHING is 20 be said, my opinion
IS to the contrary.
Final determination 10y tho Commerce
Court Of the question whether the tenn
porary Injunction granted shall be made
permanent will probably not bc reached
for several months.
Junction Road Common Carrier
The Chicago Junction RailwaN Company
which performs switching service for Va
,io,,e interstate railway carriers in the
city of Chicago was held by the court TO
ie A common carrier and mandatory writ
vili be issued against tho company 10
compel IL to file tariffs and schedules Of
charges with the interstate Commerce
commission and TO make reports in con-
formity with the law.
The proceeding was instituted by the
-nited states through the Attorney Gen
crsi AGAINST the Union Stock Yard and
Transit Company. the Chicago Junction
Railway and Louis Pfaelzer q Sons, to en-
Join tho stock yard company and Ftaelzer
4 Sons from carrying out the terms Oh