The Twin Falls times. [volume] (Twin Falls, Idaho) 1905-1916, 1911-11-17
Long And Short Haul Ruling
Upheld by Court Of Commerce
COMMERCE COMMISSION SUSTAIN
ED IN IMPORTANT DECISION,
Ruling VIII Reduce Freight Rates in
Idaho to Same Figure as Coast
Points.

opinion of the commerce court, for
mally handed down today, it is held
that the long and short haul provision
OF the Interstate commerce act is
constitutional. Judge Archibald, in
his opinion, holds that the provision
is unconstitutional.
The commerce court reached the
conclusion that the cases involved in
the present proceeding afforded the
best possible opportunity for a de-
termination of the constitutionality of
the long and short haul provision of
the act to regulate commerce. 1t was
realized that the question eventually
would have to be fought out before
the United States supreme court
In the formal opinion, prepared by
Judge Mack, the commerce court not
only agrees with the interstate COM
merce commission that the long and
short haul provision-the fourth sec
tion of the LAWS constitutional, but
that it would be unconstitutional as
an unlawful delegation of legislate
power, if no standard were given to
guide the exercise of the commissions
discretion in granting authority to de-
part from the rule fOrbidding a lesser
rate for the long than for the short
haul in the same direction and over
the same line"
Should Establish Rate.
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 discre-
tion to establish a lower rate for
longer haul than for shorter, If the
conditions, in it's opinion, warrant
such action.
The court points out that the or
ders OF the commission which are en-
Joined ''do not establish absolute rates
for either the long or short haul but
they do establish a relation between
any thing haulable that carrier may
put into effect and the short haul rate,
determining that from zone 1, the
western short haul rate shall not ex-
ceed the long haul rate and that from
zones 2, 3 and 4, the short haul shall
not exceed the long haul rate by more
than per cent, Is per cent and %
per cent, respectively.
Goes Beyond its Authority.
Insofar as the commission attempts
thus to determine the relation of the
long and short haul rates, irrespec-
tive of absolute rates. it goes beyond
any authority that has been vested in
1t, for it Is not in the power OF the
commission to say that 100 per cent or.
107 per cent or given percentage of
an unknown less than reasonable rate
to the coast is necessarily maximum
reasonable and non-discriminatory
rate to the coast Is necessarily max
imum reasonable and n-discrimina
tory rate from the same point of ori
gin to an interior point
"Thp nraptica1 pffactS nf tho cOm-
missions order is either to compel
blanket rule from the entire east to
the entire west, or to prevent the car
riers from getting all the business
which they now secure without loss
by making rates which enable mer-
chants to meet market competition.
I'm a word, unless some through
business is given up, the effect of the
orders will be to put Spokane and
other interior points on an equality
with Seattle and other Pacific coast
points, at least from zone Ia posi-
tion to which they would not be en-
titled under all circumstances in view
of their relative locations the former
being 400 miles more or less in the
interior, the latter on the coast"
Archibald's Views.
Judge Archibald, in an opinion con-
curing with the majority of the court
as to the prOpriety Of granting tenn
porary injunctions against the orders
of the commission which he holds
*'were clearly invalid" says:
II cannot see my way to go beyond
this and declare the fourth section
valid, my opinion Is to the contrary"
Final determination by the COM
merce court of whatever the tempor-
AIRY injunction granted shall be made
permanent probably will not be reach
. ed for several months.
Live young men or women wanted