The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1911-07-26

securing the initiative in justifying
the higher rate at the Intern ediate
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 re-
lief asked for: If no such competition
exists 1t must deny the application.
This contention is not sustained.
'In amending the fourth section by
striking out the words similar cir
cumstances and conditions congress
intended to invest the commission
with authority not only to determine
whether q wrong resulted from the
disregard for the long and short haul
provision, but also to correct that
wrong IL it was found to exist.
I'm determining whether the car
ricrs shall be permitted to make the
higher intermediate charge the COM
mission cannot act arbitrarily but
must apply the principles which con-
troll 1t in the administration OF other
portions of the act. 1t must inquire
whether the maintenance of the high
err intermediate rate will result in
UNI cboohoDlC CiidI SEQ VI dhJuot oio~
ordinations. 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 un-
just determinations"
Zone Division
The opinions in the Spokane rate
cases and in the Salt Lake cases were
prepared by commissioner Prouty.
They affect all applications by the
carriers for relief under the long and
short haul provision. For the sake of
convenience the country between the
Atlantic and Pacific oceans is divided
into five freight zones. These zones
are defined with reasonable definite
ness by the decisions. From zone No.
1. which includes approximately all
the territory west of a mid-continen-
tai north and south line it is pre-
scribed that rates must not be high
err on west bound traffic to any inter-
mediate point than to a more distant
point. Moving eastward from zone
No. the rates to intermediate points
may exceed those to more distant
points by not over seven per cent;
from zone No. by not over Is per
cent, and from zone by not over 25
per cent. No opinion is expressed
as to the rates from zone No. 5, which
is farthest east, because the rates
from that territory are not particu-
larly involved in these decisions, in
asmuch as they generally are con-
the Pacific coast.
In concluding the discussion of the
Spokane case the commissions report
says:
'It may be asked why the schedule
of rates suggested by the commits
sion as reasonable should not be Or
dered in. The answer is that car
riers should be permitted so far as
possible to adjust their own tariffs
and that it seems probable that in
with this law carriers
must esta blish rates in substantial ac-
cord with these suggestions by us.
1t should be ever borne in mind that
the acute complaint in this case is
the discrimination and not the I'M
reasonable rate. Obedience to this
order will doubtless result in some
rates from the east which are high
er and in others which are lower
than those suggested by the COM
since we did not then feel
at liberty, as the complaints request
ed, to make the Spokane rate depend
upon the coast rate. But it is likely
that the resulting schedule will be
more satisfactory to the complain
ants and no more burdensome upon
the defendants. If the carriers es-
tablish under this disposition of the
case rates to Spokane which are ex-
cessive, further order can be made
in this proceeding reducing them to
a nr0per ha Sis