The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1913-06-20
BY WINFIELD .InNFs

Washington. June 1a.-Prarti-es Of
the Louisville & Nashville railroad m
the administration Of Wharveg owned
by II at Pensacola were TODAY declared
by the Interstate 'OmmerCe Comr1is-
sior TO he Unrea Sonah1e and guiuqtly
discriminatory. Wharves and the track
Leading thereto owned bV a rail carrier
enga ged in interstate commerce and
used for receiving and delivering prop
eTty moving ny rail i'm interstate aud
foreign commerce are subject 10 the
act tC regulate commerce. and the
re egulation7 and practices affecting
their use mus. he reasonable and non
discriminatory. declared tho commits
eior IN its decision. Tne decision fol-
lows:
THE railroad provides at Pensacol4
a public freight depot and team tracks
adequate for the delivery and receipt
of all shipments carried by II to and
from this community. Extending from
these terminal IA cilities it has sevcral
tracks running through the public
streets TO the wharves in question
Ever since these wh4rves and the
tracks leading thereto we're construct
ed this carrier has, Eainst public
regulation, held that they are private
facilities which il is free to administer
as 1t sees fit. According to it's public
announcements, ii has limited their use
tn regular lines running in connection
with the Louisville and Nashville rail
road and vessels belong ing or con-
signed to the CUR Transit Company.
The Gulf Transit Company is a cor
poration, of which practically all Of
the stock is owned by the railroad ANA
from the whole record it is clear that
while the transit company Is a disrincr
legal entity, yet as practical matter.
ii is a department Of the Louisville and
Nashville Railroad Company.
REFUSES DELIVERY.
The Pensa cola, st. Andrews and
< lie
in Coastwise traffic with boats running
between Pensacola and Mobile, Ala
bama, and between P,nsacola and
\ pa la chicola and Cara belle Florida.
The railroad, under its published
tariffs, affords ship side delivery of cX-
pert and import as well as domestic
traffic at its Wharves, bus il refuses to
make delivery there to the stea amship
company Of any traffic destined tn
points reached by the railroad com
pany or its connections. Thus II forces
the steamship company to receive de-
livery of such competitive traffic at the
local railroad terminals which are re-
moved from the waterfront.
The steamship company has a
warehouse and WharVes ada cent to the
Jefferson street wharf % the IA ilrOai.
There are three tracks located on this
Jefferson street wharf, used in deliV-
ring and receiving interstate ship
nents Extending from one OF these
racks is a spur which runs past the
warehouse Of the steamship company
and within ten feet Of IT, Shipments
consigned to Avery e. Company ar"
switched down to this wharf thcr onto
his spur and back Dast the warehouse
'f the steamship company to the ware
lcuse OF Avery e. Company, whore
delivery Is made. Yet the railroad has
refused to make delivery
# traffic at the wharf when consigned
o or In care Of the steamship com
ANY.
ANOTHER CASE CITED.
Furthermore, me railroad gives a
to the transit company in
he berthing Of ships consigned 70 g..
Me Cary Coal Company complain
hat this practice uniustlY discriml-
ates against it and other coal dealers
no compete with the transit company
n supplying bunker coal to steam
hips. It's defense for all Of these
ractices is that the wharves in ques-
ION and the tracks leading thereto are
rivate ia cilities."
The commission here made Lengthy
rgumeut as to the legal aspects Of tho
lain Of the transit company that D. is
Continued on Page Three)