The log cabin Democrat., 1912-01-20
INTERSTATE RATE
T0CONWAY UPHELD
COMMERCE COMMISSION
HOLDS IN FAVOR OF IRON
MOUNTAIN IN SUIT JUST
DECIDED.

Washington, d. c., Jan 20.-A de-
cfsion of the interstate commerce
commission yesterday holds that
charges for necessary out-of- direct
line service on shipments of grain
from Omaha, Neb., to Conway and
Morrilton, Ark, with transit privi-
leges at Little Rock, Ark, are not un-
reasonable. The case was brought by
the BrookRauch Mill and Elevator
Company of Little Rock against the
Iron Mountain.
The mill company contended that,
rs the rate from Omaha to both Con-
way and Morrilton IS the same as the
rate to Little Rock, the extra charges
for out-of-line haul should be based on
the actual distance from Little Rock
to each of said points-that is, on 80
miles, or l cent per hundred pounds
to Conway; and on 80 miles, or l 1-2
cents to Morrilton.
The tariffs provide that, in assess
ing these extra charges, the difference
between the mileage a shipment actu-
ally travels via the transit point and
the mileage via the shortest route,
from point of origin to destination,
shall be considered the mileage of the
out-of-line haul, the distance to be de-
termined by Missouri Pacific official
distance. By this table the short line
distance from Omaha to Conway is
695 miles, via Coffeyville, Kan, while
the distance over the route via the
transit point is 1873 miles, a difference
of 43 miles, for which the out-of-line
haul charges is II 1-2 cents per 100
pounds.
But the same short-line route the
distance from Omaha to Morrilton is
CTS miles, while the distance over the
route via the transit point is 758
miles, a difference of 93 miles. for
which the out-of- -line-haul charges is
2 1-2 cents per 100 pounds. 1T thus
appears says the commission, that
the charges which defendants collect
on shipments to Conway and Morrill,
ton, with transit privileges at Little
Rock, are in accordance with the tar
ifs in force
ut is not contended that these ex-
ira charges are unreasonable except
on the theory that only the actual dis
tance of Little Rock should be counted
the out-of-line-haul as to each of said
points. We do not regard the theory
suggested as meritorious. Shipments
destined to either point, without tran
sit privilege at Little Rock, would
naturally move over the shortest line
via Coffeyville, and in that event the
entire haul would be CTS miles to
Morrilton or 695 miles to Conway.
"To insure to complainant the ben
eft of the transit privilege at Little
Rock as to such shipments, defend
ants would be required to make an
actual extra haul of twice the distance
out of Little Rock-that is, an actual
extra haul into Little Rock and out
again, or 100 miles as to Morrilton
and 60 miles as to Conway. If this
actual extra distance were counted as
the basis of the out of-line-haul
charges, complainant would not be
any better off, for in that event the
extra charges would be the same as
now collected under the tariffs.
There is sharp conflict in the evil
dence as to whether the extra charges
formerly collected on shipments des-
tined to the points east and north and
northeast of Little Rock were unrea-
sonable or discriminatory. The rec
ord is not in condition to enable us to
reach a satisfactory conclusion on
that question, and as those charges
have been eliminated from the tariffs
and no reparation is asked on account
of past transactions, the matter need
not be here further considered. The
petition must be dismissed, and an or