. Railroads, rates and regulation . herrates would, most unfortunately, thwart the very purposeanimating its construction. The Commission, sustained by themajority of the Commerce Court, adopted the latter dissenting minority, on the other hand, presented strongly theopinion that under such special circumstances, in the determi- 1 Other cases similarly decided are as follows: 9 Rep., 382;15 Idem, 37* *nd 555. 590 RAILROADS nation as to reasonableness, no right existed for considering theeffect of a rate upon other roads than the particular one againstwhich the complaint lay. The
. Railroads, rates and regulation . herrates would, most unfortunately, thwart the very purposeanimating its construction. The Commission, sustained by themajority of the Commerce Court, adopted the latter dissenting minority, on the other hand, presented strongly theopinion that under such special circumstances, in the determi- 1 Other cases similarly decided are as follows: 9 Rep., 382;15 Idem, 37* *nd 555. 590 RAILROADS nation as to reasonableness, no right existed for considering theeffect of a rate upon other roads than the particular one againstwhich the complaint lay. The Supreme Court in affirmingthe sole authority of the Commission to pass upon suchissues, nevertheless, left this detail concerning the determinationof reasonableness of rates for possible reargument in future. Attention may be now directed to the controversy as tothe seat of authority, not over law points, but concerningdistinctly economic issues. A typical case before the Com-merce Court concerned rates from New Orleans to several. competing cities on the line of the Louisville & An interesting phase of local discrimination ap-peared. The accompanying map discloses the the through rate from New Orleans to Montgomery(the long-distance point) would be less than the sum of the 1 195 Fed. Rep., 541, L. & N. R. R. v. In this case therewas no dispute as to facts, but only as to the conclusion to bedrawn therefrom. A straight difference on points of fact was raised in thePacific Coast Switching cases (188 Fed. Rep., 229). The dissentingopinion as to usurpation of the rights of the Commission is significant. THE COMMERCE COURT 591 local rates from New Orleans to Mobile (the intermediatepoint) and then from Mobile on to Montgomery. This wouldconform to the general rule, which is based on the simple factthat through rates, being competitive, are usually forced belowthe level of local charges, commonly unaffected by such com-petition. In this
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Keywords: ., bookcentury1900, bookdecade1910, booksubjectrailroa, bookyear1912
