The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-07-25

lief to which these communities are en-
titled can now be granted,
1.-The conplainants contend that the
proviso in the amended section permit
ting the commission to authorize In par
ticular Instances the charging OF high.
er rate at the intermediate point. is void
as a delegation OF legislative authority;
that II should be rejected and the section
applied by the commission as though II
were an absolute long and short haul
problem. This contention is not sus-
tained
1.-THE defendants contend that the only
effect of the amendment Is to cast upon
the carriers the burden of assuming the
initiative In justitying the higher rate
at the intermediate point, II upon inves-
iieation u Is found that competition ex,
lists al the more distant point and not at
the intermediate point the commission
must without further inquiry grant the
relief asked for; If no such competition
contention is not sustained,
I'm amending the fourth section by
striking out the words similar clrcum-.
stances and conditions congress intended
70 invest the commission with authority
not only 10 determine whether a wrong
result from The disregard for the long
correct that wrong II 1t was found TO ex-
list.
Action Not Arbitrary.
'.In determining whether the carriers
shall be permitted TO make the higher
intermediate charge the commission can
not act arbitrarily. but must apply the
principles which control II In the ad-
ministratlon OF other portions Of the act
1t must inquire whether the maintenance
OF the higher intermediate rate will re-
suit In unreasonable charges or unjust
determinations. II so the permission must
be refused; otherwise II must be ranted
The commission. may prescribe in any
way that Is definite and certain the eX
tent to which the immed diate rate may cX-
ceed the long distance rate In cases wheIo
this is necessary tc prevent unreasonable
rates and unjust discrimination"
and in the Salt Lake case were prepared
by Commissioner Prouty. They affect
all applications by the carriers for re-
lief u; under the long and short haul pro
country between the Atlantic and the
Pacific oceans is divided into five freight
zones, These zones are defined with rea-
From zone No. !. which Includes approxi-
nately all territory west OF a mid -conti-
mental north and south line It is pre-
sumed that rates must not be higher on
west bound traffic to any intermediate
point than TO more distant point Nov
ing eastward from zone No. 2. the rates
to intermediate points may exceed those
to more distant points by not over seven
per cent; from zone No. 3 by not over
fifteen per cent; and from zone No. by
not over 25 per cent No opinion is eX-
which Is ;arthest east. because the rates
from that territory are not particularly
involved in these decisions. lnasmuch as
they generally are controlled by ocean
TRANSPORTATION to the Pacific coast.
The Spokane Case.
In concluding the discussion OF the
Spokane case the commission report
says: KS na, - ,s,,os
rates suggested by the commission as
| reasonable should not be ordered in. The
answer is that carriers should be per-
| n \
their own tariffs and that II seems prob
able that In compliance with this order
carriers must establish rates. in substan-
tial accord with these suggested by us
| ii should ever be borne In mind that the
acute complaint in this case is the dis
Sriminatlon not the unreasonable rate.
sun IN some rates from the east which
are higher and In others which are lower
lnan those suggested by the commission
| since we did not then feel at liberty. as
the complainants requested to make the
| spokane rate depend upon the coast
rate But Il is likely that the resulting
schedule VIII be more satisfactory 10 the
upon the defendants. II the CARRIERS es-
taolish under this disposition OF the case
rates 70 Spokane which are excessive. a
| lurtner order can be made In this pro-
ceeding reducing them to q proper basis I"
In an elaborate discussion OF the long
Pnd Reao short . haul proyision In the so-caled
! commissioners Lane, who prepared the
opinions IN these cases for the commission
| asserts that .It must be offjrmatiyeIv
| shown by the carriers seeking exceptions
to the long and short haul provisions that
an inJostice VIII not be done to interme-
aiate points by allowing lower rates to
| the more distant points w
l. me lntentment OF the amended laws"
says commissioner Lane, rs 10 make its
shorter haul rule OF well-niRh univer-
| sal application from which this commits
and sion thmn may devists only in special cases
| control" VIC eaiiiefS
IL Is held that .in the light of history
mental lines must give consIderntion 70
a"a competition" 1t was held also how
ever that the carriers horen Involved