Show LOWER RATE FOR FORI FORA I A LONGER HAUL Interstate Commerce Commis Commission Commission sion Sian Justifies Present Practice Practice Practice tice in Certain Cases C ses IMPORTANT TO SHIPPERS DECISION HANDED DOWN BY MR CLARK Washington Jan 18 One of the most Important decisions that th has been rendered by the interstate commerce commission for tor many months was that handed down today by Commissioner Clark in the case of the Boviard Sup Supply Supply Supply ply company against the Atchison Tor To Topeka Topeka peka Santa Fe railway and other othe carriers The decision Involves a dis die discussion discussion of ot the commissions views re respecting respecting respecting the long Iong Ion If and short haul clause of the Interstate commerce act ct t tand and in the course of the opinion the commission states why It cannot al always always always ways approve of a lower rate for a shorter horter haul than for a longer one in inthe Inthe inthe the same territory In the th present case the complainant ships rope cable from San Francisco to Independence I Kan n on which it t Is charged 75 cents per pounds where whereas as the rate on such rope cables from San Francisco to Mississippi river common points is only 60 cents a hun hundred hundred hundred dred pounds The commission decided that under the circumstances the rate was not unjust or prejudicial to the complainant Commissions Reasoning In the course cours of the decision the commission announced anno the following Important finding of interest to ship shippers shippers shippers pers and carriers throughout the coun country country country try Erroneous application of an unlawful unlawful unlawful ful law is not evidence that a higher lawful awful rate thereon is reasonable A 4 rate to one point that does not permit of disadvantageous competition I tion from a point beyond enjoying a lower rate does not create unreasonable prejudice as as to the one or give undue to the thA other The commission c views views with disfavor the thc maintenance of a lower rate for a longer haul than for a shorter one in included Included within the longer and the cir circumstances circumstances circumstances and conditions obtained at atthe atthe atthe the mOre distant point which are relied upon to justify it must not only be clearly shown to t Be substantially die dis dissimilar similar from those prevailing at the nearer point but also to tl clearly exer exercise exercise cise else a potent or controlling influence In making the lower rate Lower Rate Justified If the influence of competition be between between between tween points of production in commo commodities between carriers and in rates prevailing at the farther r distant point but not at the nearer one controls the establishment of a lower rate to the former it will constitute such dissimilarity of as will justify the lower rate for the longer haul Competition in commodities alone at the nearer Int will not make m ke the circumstances there tl ere substantially sim similar liar ilar to those at the farther point where the other competitive influences and conditions also prevail Dissimilar circumstances which jus justify justify justify under section 4 a greater charge for a shorter haul than for a longer haul will also prevent such rate from constituting an illegal preference or advantage under section 3 Upon discovery that shipments have through mistake been moved at an un unlawful unlawful unlawful lawful rate the carrier should forth forthwith forthwith forthwIth with demand and the shipper forthwith pay the difference between such un nfl unlawful unlawful lawful rate and the legal rate applicable ble bie thereto th reto |