The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1914-07-15
Greatest Known Foot Remedy
Cal-O-Cide
Immediate Relief for COrnS, CaIlOuses
BuniOns, Aching Feet, Sweaty Feet

ness in the state, it developed that II
Is the universal practice among the
railroads to treat the shippers and in
dustries situated upon the right OF
way Of each company as beholden TO
it in the matter Of patronage, and in
the pursuance Of this policy 1t has
been the universal custom in the past
for Zach railroad to refuse to handle
car load shipments received over COM
peting lines to the shippers and indus
tries upon it's own, industry track, and
1t has been the custom of eaC rail-
road company to recognize The rights
of all other railroad companies to so
refuse to handle such shipments.
There is considerable weight to the
contention of the companies that
where they have built up extensive
terminal facilities for the handling Of
their W freight, and have furnish
ed certain shippers with location upon
their right-of-way and industry
tracks, they should be entitled to the
bulk, or all of the business Of such
shipper, and not be required to handle
through their terminal facilities a
load shipments from competing lines
upon the payment of a bare switch
ing charge. which is conceded to be
unremunerative. But the trouble is,
in the opinion of the commission, this
matter has already been definitely de-
termined by the legislature, and the
commission has no discretion in the
matter but to enforce the law as it
finds it.
Revised code Of 1905, section 1880,
provides that all common carriers shall
afford all reasonable proper. and
equal facilities for the interchange Of
traffic between their respective lines,
and for the receiving, forwarding and
switching Of cars, and the receiving,
forwarding and delivering of passen-
gers and property to and from their
several lines, and to and from other
lines in places connected herewith;
and shall not discriminate in their &C
commodations, rates and charges be-
tween such connecting lines, and may
be required to switch and transfer
cars for another for the purpose of
being loaded or unloaded upon such
terms and conditions as may be pre-
scribed by the commissioners. Sec
ton 1923 requires all common carriers
to provide at all points Of connection,
where it is practicable and necessary
for the interest Of traffic, ample ia
~cilities by track connections for trans
ferring any cars used in the regular
business Of their respective lines of
road from their lines of track to those
OF any other common carrier whose
lines or track may cOnnect with, cross
or intersect their own, and shall pro-
vide equal and reasonable facilities for
the interchange of cars and traffic be-
tween their respective lines, and for
the receiving, forwarding and deliver
ing OF property and cars to and from
their several lines and those Of other
common carriers connecting Herewith,
and shall not discriminate in their
rates or charges between such on
Meeting lines, or on freight coming
over such lines; but shall not be re-
CURED to furnish for another common
carrier it's track equipment or termi-
nal facilities without reasonable COM
pensation.
1t would seem to this commission
from an examination OF the foregoing
section Of the code. hat terminal IA
~cilitieS n be treated as interchange
, table,, and that a company may not ar
bitrarily refuse to handle shipments
from a competing line to the shippers
and industries upon its own industry
track merely because 1t happens to
own the terminal facilities. The. sta
tute seems to indicate that the trans
, fer of freight shall be absolutely free
and restricted between all shippers
in the state, regardless of the number
of carriers handling the shipment, and
that the only question is one of COM
lpensation for such service.
The commission realizes that this
attitude is of great Importance and
much more far reaching in its effect
than the prediciment of the complain
ant in this case would seem to indi-
cate, but it's duty is simply to enforce
the statute as 1t finds it, and leave the
question Of it's reasonableness to the
legislature, and of its proper construc-
ton to the courts.
1t seems to the commission to be
immaterial whether the plant or indus
try affected Is situated upon the right
of-way of the railway company, or i'm
mediately adjacent to its track; the
right of a shipper to be served is not
dependent upon any lease for space
upon the right-of-way that he may
have with the company, but in a case
of this kind Is based upon the conven
fence with which 1t can be served, and
the company may not be permitted to
arbitrarily require him to unload his
car upon the team track merely be.
cause he has no platform or structure
for unloading purposes upon the COM
pany's right-of-way. Therefore 1t Is
Ordered, Thai the Great Northern
Railway Co., shall establish n pro-
mitigate a tariff for switching charges
for the transfer and sporting of cars
at the plant or industry of the com
p%lainant where such cars are received
from competing lines. OF course 1t is
understood that such company sha
continue to spot cars at the plant OF
the complainant where they are receiv.
ed over it's wv line.
The above order indicates the com.
missions construction of the statut;
quoted above, and must be meant t
apply to all the railroads doing bust
ness within the state, and to all tn,
Industries situate on all industry
tracks Of the common carriers In thu
state.
This order is to become effectiv,
Aug. 10, 1914.
By order of the commission.
nnna Of Earpo NJ n the 9th dav NJ
(seail W. +. CUSHING,