The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1912-05-18
DECISION
IN THE MOBILE
RAILROAD CASE
RULING OF THE INTERSTATE
COMMERCE COMMISSION RE-
LATINO TO RAILROAD-oW D
WHARVES AND DUTIES OF
ROADS IN SUCH CASE.

The following is the decision, in full
Of the Interstate Commerce Commits
sion in the Mobile case, but which
APPLIES to all railroads owning
wharves:
While throughout the hearing the
case appeared to base, so far as the
defendants were concerned, upon the
theory of the Pensacola case, such
theory was apparently abandoned upon
argument and the statement was made
by counsel that any shipper could have
access to the railroad docks so long
as this did not interfere with the
definite sailings Of the preferred lines.
Such statement appears to be con-
sistent with the tariff provision which
reads: The rates named herein ap-
ply to shipside and include all ex-
penses necessary to make such de-
livery except as heretofore noted.
Rates named herein will apply via the
Mobile and Ohio Railroad as follows,
only to Mobile, Ala, on traffic de-
HNered over wharves reached by the
rails of the Mobile and Ohio Railroad
or Southern Railway
Are Public Terminals.
we cannot regard the Mobile docks
of the defendants in any other light
than as public terminals. These car
riers make their rates to apply from
points of origin to the ships side at
those docks. The necessary implica-
ton arising from these facts is that
access must be given to these wharves
by whatever ship shippers chooses on
which to have his freight carried from
the wharf, so long as such access may
be safely and properly given. A rail-
road may not have a preferred line
Of steamships to the exclusion of other
ships. Without doubt it may prefer
one line and have more intimate rela-
tic nship with such line than with
others but it's duty as a common car
rier by rail cannot be neglected be-
cause of such arrangements.
Must Not Conflict
1T may set aside one or more docks
for the use Of such allied lines so
icng as such practice does not con-
fiict with its duty to give delivery
a: these docks to whomsoever may
apply for the freight properly deliver
able at that point. If it chooses to give
up it's entire stock facilities to some
particular line 1t may do so. but 1t
must make delivery upon equal terms
to other ships at that port, for 1t has
undertaken to deliver the freight 1t
transports at the ships side.
Primary Duies First.
"As recently stated in Baker Whit
ley Coal Company VS.. B. and o. rail-
road, 1873 Fed, Alp, the a railroad
company has the right to keep a pier
for its own use and for the use of such
transportatio lines as have contracts
With it for trans shipment, cannot be
denied, provided il affords to the pub
lie reasonable facilities elsewhere at
equal rates for the receipt Of coal
shipped over it's road to Baltimore to
be there shipped In other
words, a railroad has certain primary
duties which il must discharge to the
Shipping public before II is free to ex-
clUde this public from any Of the ia
cilities which 1t uses or controls in the
performance of its public duties. It
need not make rate to shipside unless
its lines extend there, but, making
such rate, and having such facilities.
II must give the shipper access to the