The Birmingham age-herald., 1911-11-15
COMMERCE COURT
 DECIDES RATE CASE
Long and Short Haul Pro-
 vision Constitutional
IS NOT UNANIMOUS
Agrees With Interstate Commerce Commission--Judge Archibald Dis sents To Decision of Fourth Sec
 tion-Injunction Granted

Washington, November 14.-1n the ma jorty opinion of the commerce court for- mally handed down today in the trans continental rate cases, 1t is held the long and short haul provision of the inter- state commerce act is constitutionai Judge Archibald concurs in the issuance of a temporary injunction of the orders of the interstate commerce commission, but his opinion, holds the long and short haul provision to be invalid.
 The commerce court reached the con- clusion that the cases involved Tn the present controversy afforded the best possible opportunity for determination of the constitutionality of the long and short haul provision of the act to regu- late commerce. It was realized that the question eventually would have to be fought out before the United States su- preme court.
 In the formal opinion prepared by Judge Mack, the commerce court not only agrees with the interstate commerce com mission that the long and short haul provision is constitutional but that it would be unconstitutional as an unlawful delegation of legislative power If no stan- dard were given to guide the legislature of the exercise of the commissions discre- tion granting authority to depart from the rule forbidding a lesser rate for the long than for the short haul in the same direc- ton over the same line"
 By an exhaustive examination of the entire law, however, the court reaches the conclusion that it is the duty of the commission to exercise its discretion to establish lower rate for longer haul than for a shorter, If the conditions in its opinion warrant such action.
 The court points out that the orders of the commission which are enjoned do not establish absolute rates for either the long or short haul, but they do es- tablish a relation between any long haul rate that carrier may put into effect and the short haul rate, determining that from zone 1, the western short haul rate shall not exceed the long haul rate, and that zones ?, and 4 the short haul shall not exceed the long haul rate by more than per cent. 15 per cent and 20 per cent, respectively.
 ''In so far as the commission attempts thus to determine the relation of the long and short haul rates, irrespective of ab- solute rates, it goes beyond any author- ity that has been vested in it. It Is not in the power of the commission to say that 100 per cent or 107 per cent or any given percentage of an unknown less than reasonable rate to the coast Is necessari- " criminatory rate, from the same point of origin to an interior point
 ''rhe practical effect of the commits sions orGer is either to compel a blanket rate from the entire east to the entire west or to prevent the carriers from get ting all the business which they now secure without loss by making rates which enable merchants to meet market competition"
 TIdpp Archba1d. in Onintnn ring with the majority of the court aA to the propriety of the granting of tenn porary injunctions against the commis- sion, says:
 q cannot see my way to go beyond this and declare the fourth section valid on which, if anything is to be said, my opinion is to the contrary
 Final determination by the commerce court of the question whether the tenn porary injunction granted shall be per- manent, probably will not be reached for several months.