The Winslow mail., 1920-04-23

compared with rates in other sections
where the transportation conditions
were substantially similar: (2) That
a complete case Of discrimination had
been made out by the complainant,
and: 90 That the carriers respondent
should remove the discrimination,
leaving it to themselves to determine
the means. The carriers being unwill-
ing to reduce the interstate rates and
unable to increase the Texas State
rates were impaled On both horns of
the dilemma. They eventually got the
case to the Supreme Court Of the
United States which decided that
whenever an intrastate rate imposed
an undue or unjust burden upon in
terstate commerce the Interstate
Commerce Commission had the power
to fix the rate which in it's opinion
would remove the discrimination.
That certainly was an awful blow to
States Rights and States Sovereign
ty.
When the Arizona Corporation Com
mission met for the first time it was
confronted with a rate situation hav-
ing no parallel in history. In many
instances rates exceeding the bull
team rates which applied over certain
parts of the old Santa Fe Trail were
charged for transportation between
points within the state. The entire
class-rate structure had to be revised
downward and commodity rates,
which would enable native industries
and weak struggling enterprises to
obtain a commercial toe-hold were es-
tablished. 1t is needless to say that
in this revision the Commission was
actuated by desire to promote the
general welfare rather than to inflict
animation Of the financial condition
Of the carriers operating in Arizona
will bear mute testimony to this fact
These rates, particularly applying
IN lumber and mining timbers from
)ur Northern mills to the mining dis
tricts reached by the lines of the
Southern Pacific, Ell Paso & South
western and Arizona Eastern have
been the subject of the carriers
| animadversion on more than one oc-
casion.
The quality of our native lumber is
such that eighty per cent of the out
put of these Northern mills must fine
q market within the state; and if the
state-made rates which have enabled
| them to compete with Oregon pine
and California redwood shipped thru
| the port of Los Angeles are forced uI
to the level of the carrier-made inter
state rates the mills will have to &C
out of business and the state will be
deprived of very valuable asset
The same observation is equally true
Of our flour-mill, livestock anC
creamery industries.
AS the decision of the Supreme
Court of the United States constitute
the greater part of our Federal law
| do not understand why the principle
which it relied upon in the determi-
lation of the Shreveport Case should
be incorporated in the Transportation
Act as an amendment to the Act to
Regulate Commerce, unless it was tC
enable the carriers to bring their
complaints against state-made rates
before the Interstate Commerce Com
mission on the ground of discrimina-
ion and thereby avoid the technical
'ules of practice and procedure which
would be involved in a case of confis-
cation brought in the Federal Courts.
On the whole the Transportation
Act is the greatest gift that Congress
could possibly bestow upon the car
riers. 1t is to be hoped that they
will use it justly, and not make of it
an instrument to destroy industries
hat are vitality necessary to the well
fare and prosperity of our state.