The heart of the railroad problem / The history of railway discrimination in the United States, the chief efforts at control and the remedies proposed, with hints from other countries

by Frank Parsons

[134]. Alabama Midland Case. Decis. of U. S. Supreme Court, Nov. 8, 1897, 168 U. S. 144; Behlmer Case, 175 U. S. 648, 676; 181 U. S. 1, 29; Dallas Case, I. C. C. Rep. 1901, p. 27. Actual and controlling competition of any sort is now held to justify a less charge for the longer than for the shorter haul. 10 I. C. C. Decis. 289, June, 1904. See also Senate Committee, 1905, 3339, where Chairman Knapp of the Interstate Commission declares that the courts have interpreted the law so that if the circumstances substantially differ, no matter what the reason, the prohibition does not apply. Brooks Adams says, “The Supreme Court is antagonistic to that clause,” (the long and short haul clause) and does not intend to enforce it. “They have simply thrown out every suitor but one who came in under that clause.” (Sen. Com., 1905, p. 2922.)

[135]. I. C. C. Rep. 1887. Nearly a hundred pages are filled with both the statements and petitions of railroads relating to the long-haul clause. See also Rep. for 1895, pp. 24–28. Exemption from the long-haul clause was allowed in the case of passenger fares to the World’s Fair at Chicago.

[136]. In re Louisville and Nashville, 1 I. C. C. Decis., 1887, p. 31. See also Ga. Rd. Commission v. Clyde Steamship Co., 5 I. C. C. Decis. 326.

[137]. Alabama Midland or Troy Case, 168 U. S. 144, 164, 166. Reference was made to 31 Fed. Rep. 315, 862; 50 Fed. Rep. 295; 56 Fed. Rep. 925, 943; 71 Fed. Rep. 835, Behlmer Case; 73 Fed. Rep. 409, I. C. C. v. Louisville and Nashville.

[138]. I. C. C. Rep. 1899, pp. 66–68; 85 Fed. Rep. 1898, p. 107; 99 Fed. Rep. 1899, p. 52.

[139]. 181 U. S. 1, April, 1901.

[140]. Ibid., 29, 1901.

[141]. Rep. 1895, p. 29. See Louisville & Nashville Case, 1 I. C. C. Decis. 31; C. B. & Q. Case, 2 I. C. C. Decis. 46; Krewer Case, 4 I. C. C. Decis. 686; Nashville, Chattanooga and St. Louis R. R. Co., 6 I. C. C. Decis. 343. See also 8 I. C. C. Decis. 503.

[142]. H. P. Newcomb, Popular Science Monthly, p. 815, Oct. 1897.

[143]. I. C. C. Rep. 1894, p. 19; 1900, p. 52. The Railways declined to obey; the Circuit Court ruled against the Commission (71 Fed. Rep. Jan. 1896, p. 835); the Circuit Court of Appeals reversed the Circuit Court decision (83 Fed. Rep. Nov. 1897, p. 898); and finally, in Jan. 1900, the U. S. Supreme Court reversed the Court of Appeals and sustained the railroads. (Behlmer Case, 175 U. S. 648.)