The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1911-11-16
PARTIAL VICTORY
FOR THE PEOPLE

In the majority opinion of the
down Tuesday in the transcontinental
rate cases, it is held that the long
and short haul provision of the inter
state commerce act is constitutional.
Judge Archbold concurred in the ie-
suance of temporary Injunction
against the orders Of the interstate
commerce commission, but in his
opinion holds the long and short haul
provision to be invalid.
The commerce court reached the con-
clusion that the cases involved in the
present proceeding afforded the best
possible opportunity for determine
tion of the constitutionality of the
long 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
supreme court.
In the formal opinion, prepared by
Judge Mack, the commerce court
agrees with the interstate commerce.
commission that the long and short
haul provision-the fourth section Of
the LAWS constitutional and that it
would be unconstitutional stas an un-
lawful delegation of legislative pow
err if no standard were given s-to
guide the exercise of the commission =
discretion in granting authority to de-
part from theh rule forbiddinp lesser
rate for the long than for the short
haul in the same direction and over
the same line.
Must Exercise Discretion.
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
a long haul than for shorter, if the
conditions, in it's opinion, warrant such
action.
The court points out that the orders
of the commission which are enioined
"do not establish absolute rates for
either the longer or short haul, but
they do establish a relation between
any long haul rate that carrier may
put into effect and the short haul rate,
determining that from zone one the
western short haul rate shall not ex-
ceed the long haul rate by more than
seven per cent, fifteen per cent and
twenty five per cent, respectfully.
Insofar as the commission attempts
thus to determine the relations of the
long and short haul rates, irrespective
tof' absolute rates, it goes beyond any
authority that has been vested in it,
for it is not in the power of the CON-
mission to say that 100 per cent, or
loI per cent, or given percentage Of
an unknown less than reasonable rate
to the coast is necessarily maximum
reasonable and non discriminatory
rate from the same point of origin to
an interior point.
"The practical effect of the commits
sion's order,' the court declares, "is
either to compel blanket rate from
the entire east to the entire west, or
to prvent the carrier from getting all
the business which they now secure
without loss by making rates which
enable merchants to meet market com.
petition.
"In a word, unless some through
orders would be to put Spokane and
other interior points on an equality
with Seattle and other Pacific coast
points, at least from zone one-a posi-
tion to which they would not be en-
titled under all circumstances, in view
of their relative locations, the former
400 miles more or less in the interior.
the latter on the coast.'
Judge Archbold, in an opinion con-
curing with the majority of the court
as to the propriety of granting tempo
rary injunctions against the orders of
the commission which he holds "were
clearly invalid,' says:
81 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 com
merce court of whether the temporary
injunction granted shall be made per-
manent probably will not be reached
for several months.