Show THE LONG im AND SHORT HAUL I 1 I 1 I 1 juda n L brewer knocks tho the clauso clause into a cocked hat I 1 NO LOCAL RATES oil I 1 I 1 Ti brough rate bates only need no bo CO con dered by thoro thorn tho local la for the lobal rond road othor news tied no justice brewer of the united states V ron court li late delivered tt a decision tit lit st 81 paul which bs bill upset all 1 rates and nd threat eni Ds to revolutionize traino by practically ing it it in believed the loot lad nd fiber bulo luo the interstate cow marca law tile ali decision holds bom that no railroad Is required to lo its local rates rmon on the lh basis ot iti through Is rates when uch such through rates rat aro are established by a combination between two t w a or cuore rod for lo costanco stanco the denvor ric bo grande brando fad and file alo grande western railroads Ball rondi together form orm one line from denver to odeo or with the southern belse constitute 16 continuous lloa ilae to san en under the th old construction construct lon of 0 tile iho law DOB lanei could oot dot legally make in a through tw rate rare denver Uen Torto to ogden which would be b proportionately less IM thin what either road would charge for or it local ship mem in otter other words shipper might do mand onni that thai the denier RIO eio grando giro alm jutt low rate to ormid orand junction from rom deaver dearer as it would give it his bl shipment WT were destined for or ogdon ogden s p 8 or OF TUR TOE CAST CASE osar kor sio the OHO 0 OB t which h h the was vm yen jerod wi ol of the tha chicago 4 norta western R railway allway to la error against john Oi borne defendant lo in error the tb defendant la ia error pla latIff below lop is kud judgment mat in the circuit t court coan of the th united sister tor for the southern we ola brict ot of iowa tor for the sum ot of tor for alleged oo on corn shipped frota scranton iowa to chicago this thil atlon WAS wa brought under tinder the tl loter stata commerce act of 0 roo rob auery auary 4 isel stat tt 3 0 the facts material to lo the inquiry are as follows the plaintiff shipped a number oz of oars of corn front scranton iowa to at 6 IS cc boota ate per pounds which was the local raltie afterward discovered abas there thera wf a through rate ot of esy conn cents to now york olty bod L d t b a t sit abe a defendant to road ad got for or its if fir proportion 0 p cislon ot of the through rate rt a much leu less um no tasio Is an the tb cooil rate to achl wage As the shipper h apper was sending till his galo to east points nod by bis big firno ra rano Q ce of the dI fforence between the local and through rateau raid paid out more money than he needed to hato paid he be brought fult to recover the alleged overe bargo and th tb a low lawor a r court allowed his hl claim mod judge bregor r eve rand r mad the decision IS IN DECISION where two companies I 1 Concoct concocting ing ot of roads unite in a joint through tarell if they aey form loc for the roads cally calija a now and independent aloo neither company is ii bound to adjust its own owa local earlif to suit butt the th other nor compol ablo to make a jolet tariff with it it muy may insist upon ob arring its local 1001 rates races tor for all por lalloo tation ever its lt line hoe it if therefore the i two iwo companies by agreement make a jules tarin tariff over their lines or any part dart of their hn uch such 1 joint barf tariff M is if not lot a basail 6 y which the rea of the local tariff of b elther either line J no Is determined to illustrate on oil the roid tho the from turner to chicago tn in thirty tollef in llon ean t the he latko I aiko shots shore line from to li it ito or the defendant du company muy muir charge 15 coots to transporting grain the thirty dillos from turner to 0 o cht collin providing that bo be lo in toes duct only reason reasonably ablo charge for or tho the service a bl though tile tho lako lake share Coni ebanes ch irea no more for it to cleveland Clove laud and aad the tha fact that the rate oo no each la is 15 cents for the dIRL MOCO named will not prevent tle two companies from making it joint tariff for grain shipped from turner to of 12 cents leu less than the local tariff of either that wo we may not be misunderstood we 0 o do not DOI moan main to intimate that th abo two comi dan paole es ii with li a joint trio can malo dialo 0 it tariff from to cleveland higher than from torner to be for any aby other later nied lare point between cleveland tied and buffalo but tor for when tho the two compo olon by their joint tariff malls mabo it a now new and independent line that now new land and independent line alln may bo be to the long slid atod haul clause claudle clau but bot what wo we moan mean tode codecido cido Is that a thorough tariff on a joint hen it is not dot this standard by which the or separate sep arnLe tarita of either company to IM to bo be biou or COQ can damned I OIT OF THE LAW the denunciation ot or the fourth section li Is separate common carrier tor for its lt violation of 0 tb the long longrod and abort baul amuse on its own line the language Is that it ft shall bo be unlawful for any common 1 ot to the provisions ot at this not to charge or receive kny any greater lion in tho the aggregate for tho the transportation 1 tit nt passengers pass eDgers or ot at like kind of 0 property under substantially similar circumstances and conditions for or a shorter than for a longer honiter distance over oter tho the same fame line in the same direction tho the shorter borter being belo included dod within the longer distance the use ot of the word lina it Is two carriers rosy use the same road but each has lla una tho may lease rights to any othor other rail railroad roal corn core pliny tut but the abe joint ilse of the atoo track crack does dot BOI oreate the tile gawri line so AO as ai to compoi company to grud date its by that of the other again at the time of the of this through tariffs were well weli known as well As the fact that they were vera gener silly lly less left than the suit uro ot of tn tho local tariffs and oot dot bethoon the companies asling them according accord ln to the snore matter of ml mileage leago in this act joint tariffs are recognized and aad 1 it congress had ai euid to make inke the b local refill tarell ute ate to or measured by the joint tariff its ita ID go would have bare data clear nad and fic it fi worthy of not nol that in ia tho the debates debate which attended tended kt the ot of this bill through the two houses and while this mt ter was wa under discussion it w wan as again and n said ild by those participating in iho that tbt a formed under ho he joint tariff of connecting was 0 one no separate and independent from roin that 0 of f elthor either of the j connecting connect laff ing companies sod aad also worthy at 0 note bof that it in the iho met actuel ubi admirals euln affairs by the interstate commerce commission the same thins thing his been constantly constaDt Jy olied I 1 coanta Ai applying plying theve there propos iti on to tho the ca at bar a conclusion Js 1 eny ady 0 reached react lod there I 1 ll 11 i no Prot onse thai AL tny fly tit at st ranton or other point on tile cants 1100 farther artl Kir front from chicago ticul that ww WIK charged ell arged leu lets for or shipping train to clil alio go ill tn an the ibo lAsIn tiff lu ia othor other word wordia thor wk was ao an via lahlou 0 of tile the loun and short dieul cranfi by the defendant in respect to its own line aar lid did tho hie daut noting with on ihu line made by it in ruml road lu iu connection with theirs charge tr cocuyo fur for grain trout scranton Sc ur or any point west vot tu to any ny point ile dhun a through barlit lit in othor wd thu she defocie an L nu did not separately or in wl lih lit other N aiato pet loll tour it alio llio taji fie w was on nn of all through bolot tarin tariff lit at tile line hl be made like lilii willell ari ero tho the I 1 babiel tit of LLIs chose ot cot action no felan alin state huelit iii entas As in iquio ado to him ito ho made rn uc no la in qu aulry try lo in to lr its tile inetter 0 of publication ties by the act its B it 19 then ibon stood left led to bo be aln by the iho ut of course aliu rodana abit under no cui ninon aar be Ettl loi ii adelae the iho plain tiff vi i horal loro or lion flow tic ho bad better ix lluc ship chip hla his grain bruin it fulti llod its in obEt loa it ll 11 libil lii il tied ud hill truthfully in tj blany tany rute rate to lu re to wb which foli hu be buado for tho the reasons above on the cacti not As aboy uproar lu ia evid evidence once the joel ury khouli havu bonu to und a verdict tor for tho defendant the judgment of tile court below will trill be slid and tho the coso to re 1 i ded for or further in ill accord ti clo 1 acco auco with th ahli h I 1 opinion I 1 A COMMENT hoidn denver 1 know no that hint it ii Is tile the natural dis aunt cantor 0 r I 1 for now new york sun pun francisco sell other pointe I 1 lioun to say niky the ibo man inan thinks go cutting from a donver paper 0 of I 1 yesterday seems rooms to lo rno me to have un so im portent berlint upon tipon the taft question of charge recently debated here bero end and not yet conde tied thim do decision claton it analyzed seems A to re ark ablo one under it clio southern 1 acton Kall it rond could coald hergo ogden on oil kooda g calls train from I 1 tile coast ft rate rat but b u t for ship menta viz al 11 ogden to salt bait loko lake the iho tato rate could bo be anything lower the iho contral central pabloc and union pacific ilka hlo to make the tor a oi llo lila vardoui railroad LOUIS spent to bu tho the governing factors a otora not dot ilie state ilona tl the lumber rato rate tho the present lumber rate rata from rom portland or of Is 25 conla cents par iier loi pounds to ogden and JO 0 cents to suit snit lake on november Is 9 to bo be changed bo bd as LB to matko mako I 1 the he rato rate to both and suit salt lake 3 37 xi cent ot nh per pound front from portland tied aad all points near there I 1 cool coal shipments in september there WAS sent boat from rock rack logs anra of coal averaging labout twenty tuna tons each the union vanillin coal was rn worth about thousand dollars dol lir alio llio coal up p ad by indo pendent companies TL abo I 1 anck ne spring tiL tIon blu bills tn in september to tile amount at on do outgoing ou frelent fre leht nearly all of which was coal this makes rock suring ono one of the best stations on the bolon its yards have over twenty five wiles tulles or at requiring ia laro dorco to operate and wake inako op trains I 1 i another stupid fake 1 I never 01 told the herald reporter aab such a yarn us UR that bald amid the engineer ons lucor ol of saturday evo ologa traio train from the over tho the union culon to superintendent young yos yen no ile mude maae atall lc fall tip himself tho the superintendent looked over tho the faked account in fa the iho herald and coue lood tho the paper to where tho the worm met not and aad tho ilse ore la IA not quenched no ild amid to it reporter that till nil there ibera WAS wag to she ibo thing 1 was that the engine baggage car and forba forward ril trucks of at the smoker ran raa olt abo bullion switch at saturday night while the train was running wiles art hour hoar and that no DO damage whatever wm done dona an extra was immell att ay iy sent down trace this olcy city and the pas ina got cob up into town by no one at step cop delther were there thera unica cars rs ahead on art the slits main track at tit netho the teruo of aba tho dolay wits ITUS slight and nd not a pauo oger was wa even shaken up |