The sun. [volume] (New York [N.Y.]) 1833-1916, 1911-07-24
COMMERCE COURT DECISIONS
FIRST THAT HAVE BEEN MADE
BY THE TRIBtNAL.
Interstate Commerce Commission Upheld
In Two Cases and Reversed in One
The Decisions All Favorable 10
Railroads Divided on One case.

III BWV SNses anu HeNeTseO IN One
The Decisions All Favorable 10
Railroads Divided on One Case.
WASHINGTON. July 23-The United
States Commerce Court handed down
its first decisions last week There were
three Of them. two sustaining the rulings
Of the Interstate Commerce Commits
zion and one overruling In each case
the decision Ia favorable TO the railroads
The caaes were argued during April
and May before Judges Martin A Knapp,
presiding; r. ". Archibald. " II Hunt,
John f. Garland and Julian W Mack
Among the points OF interest 10 shippers
that were passed upon was one that the
Commerce Court has jurisdiction to re-
view when no order has been made by
the Interstate Commerce Commission and
the case merely dismissed; that private
cars while in railroad service whether on
the carriers or private tracks are subject
to demurrage rules and charges; that a
railroad shunting cars on private srurs
is a distinct service on the part OF the
railroad company and reasonable rate
can he charged. and that the Interstate
Commerce Commission in deciding a suit
able rate between two places may take
into consideration the interests Of all the
railroads running between the places and
not merely the one specifically concerned
in the complaint brought
In the latter opinion the court found
itself divided Judges Garland Hunt and
Knapp held that the needs of all roads
serving the same territory may Toe prop
erly considered Judges Archibald and
Mack held that when shipper asks for
a reduction Of a rate on one road he
should not have his needs prejudiced by
conditions on any other road
The first case taken up was that OF the
Proctor 4 Gamble Company Of lvorydale.
Ohio. against the United States and
others. The petitioner said that it owns
S32 oil tank cars and that beginning in
February. 1911. committee from the
National Association Of Railway Ship
pers put into effect uniform demur-
rage code in which privately owned cars
we're charged demurrage rates for delay
in unloading even when they stood on
private tracks. After the publication Of
the order, hut before it had gone into
effect. the Proctor + Gamble Company
went before the Interstate Commerce
Commission and sought to have the rule
set aside. The commission dismissed the
complaint.
II was decided by the Commerce Court
that the railroads in hauling private cars
are entitled to require that there shall be
a reasonably dependable supply and that
the cars shall he kept in active and steady
us-. The purpose OF demuTage. the
opinion says, is to force the cars back inns
use and its eNaction from private cars, the
same rs others, is neither arbitrary nor
unjust 1t Is simply a condition to the
acceptance Of his cars which the carriers
have found il necessary 10 impose on the
owner The petition was dismissed on
it's merits with costs.
Several railroads. the Atchison and the
Southern Pacific among them. we're peti-
TONERS in the second case against ruling
of the Interstate Commerce Commission.
The comm ssion had been appealed to by
shippers who complained a gainst charge
Of 81 so a car for shunting il on private
spurs The commission decided that
every carrier is bound to deliver goods.
The common way is by the team track
plan the team for sidings or freight sheds.
for which there never has been charge.
Spurs are a part of the terminal system
OF a railroad and on the same footing
with the team track delivery plan and
therefore cannot be made a matter Of ad-
ditional charge The commission ordered
the railroads to stop charging for this
service
A motion for a preliminary injunction
was made by the railroads The case was
considered OF sufficient Importance for
an opinion, which was written by Judge
Garland He holds that this service is
distinct one and can be made the subject
of special charges and the Commerce
Court suspended the order Of the Inter
state Commerce Commission.
II wes the Cincinnati Receivers end
Shippers Association that brought the
third case into court. The question was
the freight rate between Cincinnati and
Chattanooga The Cincinnati Southern
Rsilroad was the carrier involved. In
rendering a decision the Interstate Com
merce Commission put the rate down
from rs cents to 10 end said that il would
put it at 90 cents il il were simply deciding
the matter as to what would be fair for
the Cincinnati Southern Railroad. but
that there were other lines running be-
tween the two places and their interests
must be consulted 40 that the resulting