White Pine news weekly mining review. [volume] (East Ely, Nev.) 1910-1920, 1911-07-30

managers of railways.
The cases involved are those of the
city of Spokane against the Northern
Pacific Railroad company, known
popularity as the Spokane rate case"
against the Atchison. Topeka & Santa
Fe Railway company and others; the
railroad commission of Nevada
against the Southern Pacific company
and others; and the Maricopa county
commercial club against the Santa
Fee. Prescott & Phoenix Railway com-
pany and other carriers.
Inasmuch as the cases generally
dove-tail into one another the com
mission announces it's decision in two
opinions. In brief the commission
takes the view which it took in its
opinion of the same cases announced
a year ago last June. At that time
the commission said it would make
no order respecting the rates which
it suggested might be put into effect
until it had had opportunity to de-
termine from reports made to it by
carriers of the probable effect of the
suggested rates. Meantime, the
carriers have submitted to the COM
mission their earning under the old
rates and what would have been their
earnings under the rates proposed by
the commission. These tabulated
statements have convinced the COM
mission that the rates determined
upon by the commission in its de-
cision of June Z, 1910, are generally
fair and reasonable. The commission
says that there is no reason why
those rates should not now be estab-
lished.
'Since the PRONUNCIATION of that
opinion" the commission says the
fourth (the long and short haul pro-
~vision) has been amended. Inasmuch
as the gravamen of the complaint of
the city of Spokane, and to some ex-
tent of Salt Lake City, was directed
against the violation of the fourth
section, it is necessary again to in
quire whether, under the amended
fourth section, the relief to which
these communities are entitled can
now be granted.
THE complainants contend that
the proviso in the amended section
permitting the commission to au-
thorize in particular instances the
charging of a higher rate at the in
termediate point, is void as a dele
cation of Legislative authority; that
1t should be rejected and the section
applied by the commission as though
it were an absolute long and short
haul prohibition. This contention is
not sustained.
1.-The defendants contend that the
only effect of the amendment is to
cast upon the carriers the burden of
assuming the initiative in justifying
the higher rate at the intermediate
point. II, upon Investigation, it is
found that competition exists at the
more distant point and not at the in
termediate point, the commission
must without further inquiry grant
the relief asked for; If no such COM
petition exists, it must deny the ap-
Iplication. This contention is not
sustained.
I'm amending the fourth section
by striking out the words similar
circumstances and conditions CON
gress intended to invest the commits
sion with authority not only to de-
termine whether a wrong might re-
suit from the disregard for the long
and short haul provision, but also to
correct that wrong if it was found to
exist.
In determining whether the ear
riers shall be permitted to make the
hlgner intermediate charge the COM
mission cannot act arbitrarily. but
must apply the principles which con-
troll it in the administration Of other
portions of the act. 1t must require
whether the maintenance of the high
er intermediate rate will result in
unreasonable charges or unjust dis
elimination. If so the PERMISSION
must be refused; otherwise it must
be granted.
The commission may prescribe in
any way that is definite and certain
the extent to which the intermediate
rate may exceed the long distance
rate in cases where this is necessary
to prevent unreasonable rates and
upiucf crininafioo