The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1913-11-05
MILEAGE EXCHANGE LEGAL,
RAILROADS MAY REQUIRE EN-
CHANGE OF MILEAGE FOR
TICKETS SAYS COM
MERGE COMMITS
SION.
Case Where Railroad Commission
Must Keep Hands or as 1t Has
Nothing to DO with Matter-Under
Decision Railroads Can Sell Mileage
Good for South Carolina Only.

Washington, Oct. 31.-"While is
suance of mileage by carriers may be-
voluntary, conditions attached to the
use thereof must not make discrimi-
nations or other positive wrongs for
hidden by the act to regulate COM
merce. Regulations requiring ex.
change of coupons from interchange
able mileage book or mileage eX-
change books before commencing
journey are not found to be discrim-
natory OF otherwise in violation of
the act.'
The above synopsis given today by
the interstate commerce commission
in the matter of the issuance Of the
mileage books in South Carolina, ex.
plains in brief the decision Of the
commission of this subject. 1t will
be remembered that several import
ant hearings were had in South Caro-
lima, and one or two in Washington
last winter to determine whether or
not railroads operating in South Car
olina were not practicing discrimina-
ton in selling mileage books, one
form being good only within the State
and the other, the regular inter-
changeable kind, requiring an ex-
change at ticket office window be-
fore ticket could be had for trans
portation. These hearings were at.
tended by a big array of counsel and
by many witnesses and covered sever
al months time. The decision which
has been expected since last winter
came today.
After declaring that the com mission
has absolutely nothing whatever to
do with the selling of mileage books
for use wholly within the State Of
South Carolina, that being a question
over which the commission has no
Jurisdiction, and after reviewing the
history Of the mileage book question
throughout the country and giving an
outline of the act of the South Caro-
lima legislature when in 1912, it pass
ed an act requiring the railroads to
receive coupons from mileage books
sold by any railroad on it's trains as
transportation within the State and to
check baggage for passengers upon
presentation Of said mileage books,
the opinion in part given by Commits
sioner Marble says:
This commission is not able to
agree that. the acceptance of the
State mileage upon trains and the con :
temporaneous requirement that inter-
state mileage must be exchanged for
tickets constitute a discrimination
against interstate travellers. The case
is not one that responds to the tests
for discrimination A discrimination
involves the idea of relationship be.
tween the person favored and the per-
son injured. 1t operates to give one
patron OF the carrier an advantage
over another, and thus by favoring
one Injuries others. A practice that
Is bad only because discrimination
can always be remedied by withdraw
ing the benefit from the favored party
or by extending it to the injured par
ties. In this case, no interstate trav-
eler is injured or hindered in any way
by the fact that State travellers in
South Carolina may use State mileage
upon trains No interstate traveller
would be saved from any burden or
inconvenience by the withdrawal
from travellers in South Carolina of
the privilege secured by the legisla-
ton above recited.
Neither is the case one that re-
spends to the tests for unreasonable
ness. The rates provided for the pur-
chasers Of train tickets FOR cash and
the requirements made of such pur-
chasers must be taken as Indicating
the legally reasonable standard, or
such rates and requirements must be
changed. Such purchasers must now
pay higher rate than the mileage
rate, and must exchange their cash
Tor tickets at the station before check
ing baggage and before boarding
trains. If they tender cash upon
trains, they are charged a penalty in
addition to the single ticket rate. No.
where in the act can the commission
md any authority for condemning the
requirement that holders of mileage
snail procure train tickets without at
the same time condemning the same
requirement as applied to those dcsir-
ing To check baggage and secure
transportation upon cash fares.
The authority of the commission
over such regulations as the one here