The Washington times., 1913-08-17
BAL T|MORE HITS
At RAILROADS
Special Counsel Adopts Plan
of Times to Fight Against
New Schedule.

and Manufacturers Association OF
Baltimore, has filed with the Inter-
state Commerce Commission a petit
ton asking that the recent tariffs of
the railroads discontinuing store door
delivery in Baltimore be rejected by
the commission.
The petition is based on, the ground
that the store door delivery service
was established to meet water COM
petition and that the tariffs discon-
tinuing the service are therefore un-
lawful.
Action Urged by Times.
This action has been urged by The
Times ever since the railroads issued
the tariffs discontinuing the service in
Baltimore. Counsel for the Washington
Chamber of Commerce and Retail Mer-
chants Association have fought the
case on the ground of discrimination
between Washington and Baltimore.
Mr. Daish has been unusually sue
cessful in his appearances before the
Interstate Commerce Commission;
where most of his practice is done, and
his netition bears out The Times in in
sisting that water competition is the
bone of contention.
Il was out of the city when the
height of the fight was on" said Mr..
Daish. and therefore did not see the
newspaper accounts. But to my mind
there is no doubt that the commission
will uphold the opinion that the new
tariffs are unlawful because they were
established to meet water competition,
for the commission has held that rates
established in water competition cannot
be raised after that competition mas
been eliminated"
In strengthening this position, Mr..
Daish quotes in his petition the con-
cluding paragraph in section Of the
act to regulate commerce. This para
graph, which was printed in The Times
for the information of the counsel OF
the local trades bodies, reads:
whenever a carrier by railroad shall.
in competition with a water route or
routes, reduce the rates on the carriage
of any species of freight to and from
competitive points. it shall not be per-
mitted to increase such rates unless,
after hearing by the Interstate Com
merce Commission, it shall be found
that such proposed increase rests upon
changed conditions other than the elimi-
nation of water competition"
Mr. Daish was engaged as special
counsel of the Baltimore Merchants
and Manufacturers Association last
Thursday. Friday afternoon he held a
conference with General Trippe, general
counsel for the association, President
Beck, and other leaders in the contest
to prevent the discontinuance of the de-
livery service All agreed with Mr..
Daish that water competition is the
basis on which the present service was
established, and that its discontinuance
should not be allowed because Of the
elimination of that competition.
Asks Rejection of Tariff.
The petition which Mr.. Daish has filed
with the cmomission is as follows:
Reference to certain schedules and
tariffs mentioned in the margin hereof
and relating to store-door delivery, So
called, at Baltimore, beg to request that
the same be rejected by the commits
sion, for the reason that same are un-
lawful; in that the essential antecedent
requirements have not been complied
with.
The effect of the said schedules or
tariffs is to cancel the collection and de-
livery of freight service, which has
heretofore been performed at Baltimore
as partial consideration for the rates
charged; no change, however, is made
That reduction in the service with
no change IN the rate is an advance in
rate within the meaning of the act TO
regulate commerce was held in l. & S.
Docket No. 225, where the identical Ques-
ton was presented C27 l. c. c.. 34S) the
commission said:
q" 1t is as much an increase of rate
10 give less service for the same amount
as TO charge a greater amount for the
same service.
The testimony in that case by rail-
road officials distinctly proved that the
delivery service was inaugurated and
maintained at Baltimore to meet water
competition.
On this subject the commission in
its opinion said:
There are suggestions in the record
that delivery and collection service) has
been Instituted and maintained (at Bal
timoreD as means Of competition
against the boat lines trading from
Boston, New York. and Philadelphia
The concluding paragraph OF section
Z Of the act to regulate commerce
provides:
Whenever a carrier by railroad
shall in competition with a water
route or routes reduce the rates on
the carriage Cf any species of freight
to or from competitive points, il shall
not be permitted 10 increase such
rates unless after hearing by the In
terstatc Commerce Commission II
crease rests upon changed conditions
other than the elimination Of water
competition.
Decision Mandatory.
"The clear intent and purpose Of
this language rhe wording OF which.
you will observe. is mandatory and
not discretionary. are that when. as
in the present case. rates have been
made or maintained to meet water
competition. they shall not be raIsei
or increased until after hearing by
the commission il shall be found that
the proposed increase rests upon
changed conditions other than the
elimination Of water competition.
I am reliably informed that neither
before nor since the schedules re-
ferred to were transmitted has there
been a hearing to determine whether
or not as t. Baltimore the proposed
Increased rests upon changed cOndi-
tions Of an" nature whatever.
"As ! view and eonstrue the provi-
Is absolute necessity for A hearing for
hearing is an essential prerequisite to
the right Of the carrier TO file and
the commission TO accept for filing
Euch schedules and that unless and
until such hearing has been held Cand
the matters deteFmined). any act of
the carriers or of the commission is
necessarily null void, and Of no eff
feet: further. that the schedules or