The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-03-25
State and / nte rstate
Commerce Must Be on
Equal Footing.
FAR-REACHING
DECISION GIVEN
Lines Between States Are Wiped
Out So Far as Making of
Rates Is Concerned-Min-
ority Holds That Commits
sion Has Transcribed
Its Authority.

Washington. March 24-The Inter
state Commerce Commission. in an
opinion made public TO-DAY. estab.
iisAed the far-rcaching principle ,iut
q railroad must SO adjust its rate.
that Justice Will ne done between corn
nnniiies' resardiess of S,a;c lines. II
railroad makes low rate upon ,raf-
ne wholly within the state. even wiaen
forced 10 do 80 by a State commission.
!, must accord the same rates TO the
interstate traffic moving under sub.
stantially similar conditions.
inc principle was laid down bv :
vote of four 70 three. The minority
He!d mat the powers of Congress were
u*HT7ed by the majority opinion. and
,hat TN" remedy FOR such a situation
sn"hld be applied through additional
Hesitation. The decision was in the
cas-" Of the Railroad Commission OF
Louisiana against the ST. Louis and
southwestern Railway and other car
rieFs operating between Louisiana and
Federal Power Supreme.
nc case practically prccipitateh a
CONNECT between Federal and State au
! thorIty over the control If tn,ars,a,o
traffic The opinion OF the majority
o, the Interstate Commerce Commits.
sion. prepared and handed down he
commissioner Lane. is a definite asser
non OF tho supremacy of national req.
u!atory authority over the mowers or
ere'sed BY any State. II Is the FRS,
tiH'e THIS assertion has bsen made dis
si"I.S o. the commission. In making
II. Chairman Prouty and Coumission7
ers Clark and Meyer concurred wi,h
commissioner Lane. and Commission.
trs Clements, Harlan and McCho-d 5,..
sent=d as
The proceeding broush. nv ,bs
LOUISIANA Commission alaesd in issu.
ths right Of Interstate carrier. 70 dis.
criininate in favo. OF the state ,rsr.
nc ana against interstate tramc.
ine sfevamen OF the complaint
INC opinion says. as that tho car-,ers
defendant mako rates gu, OF DaiIss
aha other Texas points into Eastc~a
texas which are much lower ,h.r
nose which they extend into Tey..
from Shreveport, La. A raj. NJ 81
cents carries first class 1rafio M ~
e"sl"ara OF Dallas a distance of les
49, while The same rate of so cents
o.,,. 81 me same class OF traf1e
Shreveport" iror
j contentious Are Upheld.
me low ratio within The S.n,
was forced upon the rnilroaSs
ny the Texas Railroad Conutssta. va 10
.urtherance Of a policy to protect a M
y. oiho'e the jobbing interests Of
me louisiana commission and
.,.hS state commercial interests do
ciared that Louisiana was he,na Az
crlInihattd against because of tho ey.
acton OF the higher rates rron,
shreveport westward. and demanded
an adjustment OF the rates. The cor.
,entions OF Louisiana were sustained
majority held: 'e
That the presen, class rates from,
shreveport to Texas points were nm.
reasonable and prescribed lower ratos
which must he put into effect by MAJ
That the present relation OF rates
eaFtbound and westhound from Shreye.
Rort, gives an undue preference to
Dalias and Houston and other Texas
cities. and the carriers are ordered IA
establish the same rates on westbound
as on eastbound traffic.
That II State, by the exercise OF
It's lawful power. establishes rates
which the interstate carrier makes
ehectlve upon State traffic, that car
I,ef does so with the full knowledge
that the Federal government REQUIRES
II TO apply such rates under like con
ditions upon interstate traffic. To say
that an Interstate carrier may dis
cririnate against interstate COM
mcrce because of the order of State
! Commission would be to admit that a
State may limit and prescribe the flow
of commerce between the States"
Government ~ Parnn:ount
The conclusion OF the ma jority
, opinion Is vigorous assertion OF the
paramount authority of the national
government over all interstate traffic:
IAN Interstate carrier must respec,
the Federal law. and If it is also sub
iected TO State law it must rcspec,
that In so far as il can without doing
violence 10 its obligations Under the
national authority. Before us are car.
ricrs which undeniahly discriminate
directly against interstate traffic. re
this charge they plead that all they
have done was 10 obey the orders of a
state comm 'ssion, as against which
they were helpless. They appealed to
no court for relief. nor To this com
mission. When the State or Louisiana
after years OF endurance makes com
plant to this hody these carriers make
no showing of the reasonnbieness Oh
their rates other than that heretofore
dealt with---a traffic adjustment equal.
iznG Sateways--and even In this de-
tense all the carriers do not join. The
class rates of tho Texas commission
within the distances herein involved
are not too low. This the carrlers
themselves don't urge. Yet they have
maintained higher rates from Shreve.
port. the interstate point. While the
Texas commission has evidenced n
policy of home protection for Its own
State cities there is every evidence
that the carriers moving into and
within Texas. accepted this policy as
their own. Claiming that not to have
adontcd II would have led to reprisal
on the part of the State authorities
Siich conditions may not continue I'M
dor this Tho I'M oa,rt.