The Anderson daily intelligencer. [volume] (Anderson, S.C.) 1914-1915, 1914-06-23
SUPREME COURT UPHOLDS
LONG AND SHORT HAUL RULE
Decision Handed Down Yesterday in the Inter
mountain Rate Case Which Affects the
Shipment of Goods Across Continent

zion were in substance the same aY
those probably fixed by the carriers
as the basis of the rate making, which
was included in the tariffs which were.
under investigation and therefore we
may put that subject out of view," he
said.
Indeed, except as to questions of
power. there is no contention in the
argument as to the Inequality of the
zones or percentages or as to any un-
due preference OF discrimination re-
sulting from the action taken, but Je
this as 1t may. in view of the finding
OF the commission as to the system of
rates. prevailing in the tariffs, which
were before 1t. of the inequalities and
burdens engeudercd by such i sys-
tenn, possible agIandizement unnatur-
ally beyond the limits produced by
competition in the competitive points
and against other points by the
tariff question. facts which we accent
and which indeed are unchallenged.
we see no ground for saying that the
order was not sustained By the facts
upon which 1t was based, or that 1t
exceeded the powers which the statute
conferred. or transcribed the limits
Of the sound. legal discretion which is
lodged in the commission when act
A-No oPOA shS ouDJCCN DGlOEc l..
On Haul Clause.
On the constitutionality OF the long
and short haul clause, Chief Justice
White said:
"It is certain that the fundamental
change which it makes is the omis-
sion OF the substantially similar cir
cumstances and conditions clause.
thereby leaving the long and short
haul clauses III q eense unqualified
except In so far as the section gives
the right to,/the carrier to apply to
the commission. for authority ito
charge less for longer than for short
er distances for the transportation os
persons or property; and gives the
commission the authority from time
10 time ITO prcccribe the extent to
which such designated common. !. car
!: s:ters may. be relieved from the opera
tion OF this section :. s. y;.. {, ,s.s; y
From the failure TO insert a word
'r the addition tending to exclude the
operation Of competition and ADEQUATE
under proper circumstances to. Justify
'he awarding of relief from Tie long
and short haul clause and, there be-
ing nothing which minimizes or
changes the application of the prefer
,nce and discrimination clauses of the
second and third sections, it follows
that in substance the amendment in
trinsfcally states no ne wrule or prin-
ciple, but simply shifts the powers
conferred by the section ms It original
ly stood; that is, it takes from the car
rfers the discretionary power lodged
in them and vests it in the commission
as primary instead of a reviewing
function.
Mountain Rate Gaze.
The orders were the outcome of q
change in the law in 1910 From 1887
to 1910, the law against greater
charge for short than for a longer
haul applied only to hauls under ISL
mflar conditions" but that proved un-
-ltiEfactory and led to the law being
amended by striking out this phfrse
similar conditions and leaving the
commission with discretion to make
exceptions to the general rule laid
down In the law.
Shortly after, the passage of the act
IN 1910, practically all, the railroads
travSrsirg the intermountain region of
The *ect applied to the commission to
have exceptions made so; that a high
ier rate could be charged on shipments
'rom the east to intermountain cities,
such as Spokane. Wash. Reno. New,
and Phoenix, .Ariz. The rates to these
cities from points east of the Rockies
had for years been made by adding
the through rate to- the Pacific coast
Continued on Page seven.)
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