Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1911-07-25

their earnings under the old rates and
what would have been their earnings
under the rates proposed by the com
mission. These tabulated statements
have convinced the commission that
the rates determined by the commits
sion in its decisions Of June Z, 1910,
generally fair and reasonable. The
commission SAYS that there is no rea
son why those rates should not now
be established.
Since the PRONUNCIATION OF that opin-
ion the commission says. the fourth
section Cthe long and short haul pro
vision has been amended Inasmuch
as the gravamen Of the complaint OF
the city OF Spokane. and 70 some ex-
tent Of Salt Lake City, was directed
against the violation OF the fourth sec
ton. II is necessary again 10 inquire
further whether. under the amended
fourth section, the relief 10 which
those communities are entitled can
nov be granted
The complainants contend that the
proviso in the amended section, per
hitting the commission to authorize
in particular instance the charging of
a higher rate al the intermediate point,
is void as a delegation Of legislative
authority; that it should he rejected
and the section applied by he commits
sion as though II were an absolut"
long and short haul prohibition. This
contention is not sustained.
The defendants contend that the
only effect of the amendment is 30 cast
upon the carriers the burden Of as
suming the initiative in justityiug he
higher rate al the Intermediate point.
If. upon invesugat alton. it is found that
competition exists a. he more distant
point and nor at the intermediate point.
then the commission must. without fur
Their inquiry. grant the relief asked for,
if no such competition exists. it mus
deny the application. This contention
is not sustained.
In amending the fourth section by
striking out the words similar Circum-
stances and conditions congress in
tended 10 invest the commission with
authority not only 10 determine wheth-
er a wrong result from the disregard
for the long and short haul provision,
but also TO correct that wrong if il
was found 70 exist
In determining whether the carriers
shall be permitted to make the higher
intermediate charge the commission
cannot act arbitrarily. but must apply
the principals which control it in the
administration of other portions OF the
act II must inquire whether the main
tenance of the higher Intermediate rate
viii result in unreasonable charges or
unjust determinations. II so the per
mission must be refused: otherwise it
must be granted
The commission may prescribe in
any way that is definite and certain
the extent to which the intermediate
rate may exceed the long distance rate
in cases where this is necessary TO
prevent unreasonable rates and unjust
The opinions in the Spokane rate
case and in the Salt Lake case were
prepared by Commissioner Prouty.
They effect all complications by the
carriers for relief under the long-and-
short-haul provision. For the sake of
@OA4 NCl4ANAiNt tiit Ncullli DfN NNtftA tL4t
Atlantic and the Pacific oceans is di-
vided into five freight zones. These
zones are defined with reasonable def
initeness by the decisions From zone
number one. which includes approx
mately all territory west of a indoor
north-and south line it is pro
scribed that rates must not be higher
on west bound traffic to any informed
late point than to a more distant point
Moving eastward, from zone number
two the rates TO intermediate points
may exceed those 10 more distant
points by not over seven per cent;
from zone number three by not over
Is per cent; and from number four
by not over % per cent. No opinion
is expressed as to the rates from zone