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This construction is favored by section 6, that the O. & C. road and the steamers of the
may therefore be assumed safely that the What is meant by the words 'same line" in the
as before stated, that the Central Vermont is Atchison, etc. R. R. Co. v. Denver, etc. R. R. managed by its own board of directors, and noCo. 110 U. S. 667 (Bk. 28, L. ed. 291).
body else. So of the Concord. So of the The decision made by Judge Deady on this Lowell and Boston. So of the Grand Trunk, subject in Ex parte Kohler is instructive. It But joint tar exist, as will hereinafter be is reported in 1 Interstate Com. Rep. 28. The stated. Now if a joint tariff makes an "arhead notes are as follows:
rangement for a continuous carriage or ship"The transportation of property from one ment” and so makes a line within the meaning State to another is Interstate Commerce, of the fourth section of the Law, another joint whether the carriers engaged in moving it, tariff, although embracing the roads within or the vehicles on which it is borne, cross the the first line, constitutes another and different line of the State or not.”
line, if it embraces other and additional roads "This Act does not include or apply to all making a much longer line. The additional carriers engaged in Interstate Commerce, but roads do not participate in the shorter line. only such as use a railway, or a railway and The two tariffs embrace different distances, water craft, 'under common control, manage different roads, and therefore make different ment or arrangement for a continuous carriage lines, and in the cases at bar are intended to or shipment of property from one State to cover entirely different traffic. another; nor does it apply to the carriage of One petition is that the Boston & Lowell, property by rail wholly within the State, al. Concord, Central Vermont, and Ogdensbugh though shipped from or destined to a place & Lake Champlain make a joint tariff from without the State, so that such place is not Boston to Ogdensburgh for six classes of within a foreign country.
freight. "The 0. R. & N. Company carries certain If these roads are a line at all within the kinds of goods on its steamers forth and back meaning of the fourth section of the Law, it is between Portland and San Francisco at special by virtue of this joint tariff, and nothing else. and reduced rates; the O. & C. Railway, under There is no common management or control. the management of the petitioner, carries the The petition also alleges that the Central same kinds of goods forth and back between Vermont Line of steamers make a joint tariff Portland and Ashland and way stations, in from Boston via the aforesaid roads to Cleve. Oregon, at special and reduced rates; the 0. land and Detroit, Port Huron, Milwaukee and P. Railway Company carries the same kinds Chicago at less rates than are charged by the of goods forth and back between certain points joint tariff first aforesaid from Boston to Og. on the line of the O. & C. road and San Fran- densburgh. Suppose they do; this makes a cisco, via its railway from Albany to Yaquina different line. It is not the same line as the Bay, and then thence by steamer, at reduced one from Boston to Ogdensburgh. They are rates, and thereby competes with the O. & C., not identical, and they must be, to be the same and the 0. R. & N. for business between said line. Besides, the first line embraces traffic points and San Francisco. The 0. R. & N. between Boston and Ogdensburgh only, which and the receiver of the 0. & C. act independ. makes another difference. The consequence ently, although concurrently, in making these is that the rates from Boston to Ogdensburgh reduced rates; but no through bill of lading or are not made over the same line as the rates freight receipt is given, nor is either interested from Boston to Lake points. in or liable for the carriage of the goods be- The same is true of the other petition. It yond its own line of transportation. Held, I alleges that the roads between Boston and st.
Juif made by roads between Boston and Inte sensburgh:
freight Jax six classes of freight from Boston to Vermo Hensburgh,
Point 1134 6 classes,
tion ar 03145 30 25 17 cents per 100 pounds. tion to Thrif made by Central Vermont line of ending wars, via Ogdensburgh:
1. V Irm Boston to Cleveland, Ohio, Detroit, Dess E Id and Port Huron, for the six classes of A. I sidit aforesaid, 41, 36, 29, 20, 17, 14 cents ( 213,71" ulo pounds.
2. V Ivrit made by Central Vermont line of East a s, via Ogdensburgh:
A. I Inn Boston to Milwaukee and Chicago for 54,219 Wir classes of freight aforesaid, 44, 39, 31,
3. 1 2.2.19 cents per 100 pounds.
freight W made by roads between Boston and Abans
4. V Iráz classes of freight from Boston to St. to the
5. V freight
A. $ inn Boston to Montreal for the six classes
1!3 4 5 6 classes,
7. T freigh
ke rates to St. Albans from Boston Boston to Detroit. This could only be done
Line tariff, and embrace all large vate parties for the same kind of service.”
the same identical line as the one regular rate to all persons between these points
the same line?” and Senator Dawes and held that the tariff rate from Council Bluffs nator Cullom certain questions look to Ogden was entirely different from their e result as to the Boston & Albany, share of the through rate from New York to an Interstate Road, and extends from San Francisco, although the shorter distance Mass., to Albany, N. Y.
from Council Bluffs to Ogden was within the se traffic is taken from Kansas City to greater distance from New York to San Fran. and then over the Boston & Albany cisco. In other words, neither the service nor 1; also from Chicago to Albany over the lines are identical. at line, and also from Detroit to Al. See Atchison etc. R. R. Co. v. Denver eto, R. another, and from Albany to Boston; R. Co. 110 U. S. 683 (Bk. 28, L. ed. 297). ase over the Boston & Albany, what Mr. Easley, in commenting upon the word e the result?
“arrangement," says: r Cullom answered:
"If this is the true construction of the Act, , the Boston & Albany, can carry the then a railway does not become subject to the s they agree to carry it; and whatever provisions of the Act unless it owns, uses, or eement may be it does not affect the operates, by lease, contract or agreement, road. hat goes from Albany to Boston on way in two States, or enters into arrangements e, its own line according to its own with connecting carriers to transport persons Ed rates of freight.”
or property from one State to another. r Dawes:
"If a railway wholly within a State should pose it be a different rate from that at enter into an arrangement to carry interstate
takes up freight at Albany and carries freights or passengers with a connecting line, ston?"
it would only be subject to the provisions of or Cullom:
this Act quoad the line thus formed. It could oes not make the slightest difference in decline to make the same arrangement or a like ld; it has nothing to do with it. One arrangement with another carrier and not vioof railroad by itself. The other is a late this Act. And such a carrier might enter ailroad in conjunction with one, two, into an arrangement to carry interstate passenothers, if you please, and the one rate gers or freight to and from one point on its line t control the others. In other words, and not others, with out subjecting itself to this ve said over and over again, the per Act further than the extent it arranged to car.
which the Boston & Albany Road gets ry."
and St. Albans, respectively, are wholly dis-
A. 9. 1
teghi aforesaid, 45, 40, 30, 23, 20, 18 cents | joint f se 10 pounds.
un Boston to Detroit for the six classes earpin sght aforesaid, 51, 45, 35, 24, 20, 18 cents e sh pounds.
Dhe Vermont Central and Vermont and sala Roads, now the Central Vermont
sere constructed about 1849, and are joint within the State of Vermont. They ಕ
upon local tariff until 1856, when ! Feat into the hands of a receiver and gers? reszed so for a good many years. They warganized in 1883. The original capi. muhast. They run through a sparsley set. gers? centry. If they depend upon local te bes cannot pay expenses and interest per bonded debt as now reorganized, to gers? junaking of their stocks. As reorganized
e a powerful and rich corporation, eager wallow its competitors. li has not paid throu Teade on its stocks since its reorganiza
A. On the other hand, the road has been sengel est up to a high state of efficiency with a s doing a through business. lis track and jo tel railert and its equipment ten times
A. than is necessary for local business. senger stricted to & local business two results
14. follow: the sale of their equipment, throuļ the raising of local rates in order to
A. Aperating expenses. Proper remuneration de capital invested is a legitimate subject and jo
15. A. The
desideration in determining reasonable
Set with through
business the road man- dess i alive and pay its expenses and interest the b la bonded debt of $7,000,000. It also cuttin
the local traffic from an increase of scarce und keeps them down to where they Smith
The profit on the through business Thi la degree, but is great in its results by points of the magnitude of the business.
the N Wirea through and local business is as fol- dia li
We Lucas statement in respect to earn. Obio,
Tariff made by roads between Boston and Interrogatories and answers in regard to the
freight and passenger business of the Central For six classes of freight from Boston to Vermont Railroad Company from Rouse's Ogdensburgh,
Point and Province Line to White River Junc1 2 3 4 5 6 classes,
tion and Windsor, and also from Essex Junc60 50 45 30 25 17 cents per 100 pounds. tion to Burlington, covering the fiscal year
Tariff made by Central Vermont line of ending June 30, 1886. steamers, via Ogdensburgh:
1. What was the tonnage of through busiFrom Boston to Cleveland, Ohio, Detroit, ness East and West? Mich, and Port Huron, for the six classes of A. East bound, 882,259 tons. West bound freight aforesaid, 41, 36, 29, 20, 17, 14 cents 213,717 tons. Total, 1,095,976 tons. per 100 pounds.
2. What was the tonnage of joint freight Tariff made by Central Vermont line of East and West? steamers, via Ogdensburgh:
A. East bound, 161,934 tons. West bound,
4. What was the percentage of the through
A. 79 per cent. 1 2 3 4 5 6 classes,
5. What were the gross earnings of through 55 48 38 27 24 17 cents per 100 pounds. freight?
Tariff made by the National Despatch Line A. $652,647.33, or 64 per cent of total freight for points west of St. Albans:
earnings. From Boston to Montreal for the six classes 6. What were the gross earnings of local and of freight aforesaid, 45, 40, 30, 23, 20, 18 cents joint freight? per 100 pounds.
A. $370,636.54, or 36 per cent of total freight From Boston to Detroit for the six classes earnings. of freight aforesaid, 51, 45, 35, 24, 20, 18 cents 7. What were the net earnings of through per 100 pounds.
freight? c. The Vermont Central and Vermont and A. $172,344.62. Canada Roads, now the Central Vermont 8. What were the net earnings of local and Road, were constructed about 1849, and are joint freight? wholly within the State of Vermont. They A. $100,466.27. depended upon local tariff until 1856, when 9. What was the number of through passenthey went into the hands of a receiver and gers? continued so for a good many years. They A. 87,206. were reorganized in 1883. The original capi
10. What was the number of joint passen. tal was lost. They run through a sparsley set- gers? iled country. If they depend upon local A. 115,814. traffic, they cannot pay expenses and interest 11. What was the number of local passenon their bonded debt as now reorganized, to gers? say nothing of their stocks. As reorganized A. 230,401. it is not a powerful and rich corporation, eager
12. What were the gross earnings from to swallow its competitors. It has not paid through passengers? dividends on its stocks since its reorganiza- A. $153,945.51, or 38 per cent of total pastion. On the other hand, the road has been senger earnings. brought up to a high state of efficiency with a 13. What were the gross earnings from local piew to doing a through business. Its track and joint passengers ? is steel railed and its equipment ten times A. $250,149.10, or 62 per cent of total pas. greater than is necessary for local business. senger earnings. If restricted to a local business two results 14. What were the net earnings from would follow: the sale of their equipment, through passengers? and the raising of local rates in order to A. $50,628.71. pay operating expenses. Proper remuneration 15. What were the net earnings from local for the capital invested is a legitimate subject and joint passengers ? for consideration in determining reasonable A. $81,579.58. rates, as well as extraordinary cost of service The mortgage on the road is $7,000,000 at 5 over roads like the Central Vermont and Og. per cent interest. It also has common and densburgh.
preferred stocks. Harper': Interstate Law, 39.
That a profit is made on the through busid. But with through business the road man- Dess is not open to doubt. In the year ages to live and pay its expenses and interest the board of directors tested the question by upon its bonded debt of $7,000,000. It also cutting off the through business. The road relieves the local traffic from an increase of scarcely earned its expenses. (See Gov. charges, and keeps them down to where they Smith's testimony.) pow are. The profit on the through business The trunk lines fix the rates to competing is small in degree, but is great in its results by points; that is to say, the Boston and Albany, reason of the magnitude of the business. the New York Centrul Line, the Baltimore and
Auditor Lucas statement in respect to earn. Ohio, the New York and Erie and Pennsylva. ings from through and local business is as fol- nia lines on the left, and the Grand Trunk and
Canada Pacific on the right, all powerful lines,
tan arises on trial.
Points Newport Barton,
station was illegal at common law. So I of cour o be presumed, are not unwilling ville & Nashville Case covers every point. But
wade preference; and to charge more for tions w 'survival of the fittest.” Weak since the announcement of that decision, Judge
anter than a longer distance, for the same a. Le be swallowed up, competition de Deady has gone a step further, and held that
sat and class of freight, under the same Ogdens the very purpose of the Interstate competition in all cases, whether by foreign or
(which aw defeated. The rates thus fixed domestic corporations, or by water lines, con
Antwn, etc. R. R. Co. v. Denver, etc. R. R. < lines must be met, or the Cen- stitutes a dissimilar circumstance.
2000. 8. 683 (Bk. 28, L. ed. 297). t must go out of the business; and Ex parte Koehler, 1 Interstate Com. Rep.
Ir guiding rule at common law was, What nem another obstacle is in the way. 317.
wanable? And that is the rule, and the and Albany Line is about 140 The lines out of Boston that compete for
užuiding rule, under this statute, where Point r to Chicago ihan the Central Ver- west bound traffic to points in the West are very
case involves a question of law and (See Porteous' Milage Computa- numerous, and are enumerated in the answers and shown on the maps.
kind where every case depends on its own St. Alba
Ogdense ne rates from Boston to competing Montreal is a competing point. The Grand
Le petitioners never have been able to Waterbi e West, traffic would naturally go Trunk, via Portland, is one line competing
wat lewa the defendant's line as a competitor Montpel er and quicker line. To meet the there; the water line, via New York and Lake
Tietgh business. Is it reasonable that the Rutland od overcome the inequality thus Champlain, is another; the Delaware & Hud
Dentality of the Interstate Commerce Ludlow, ween the lines, it was, as early as sonCanal Company is another; the Canadian
should be used to accomplish that pur- White led by the trunk lines that this line Pacific is another. se less than the trunk lines to com. A vast amount of traffic that, before the
Arben the object of the Law was to pro
ompetition ? its in the West. This line was passage of the Interstate Commerce Law, used
Le petition is based on the fourth seclo this in order to secure business, to come over the Grand Trunk and Central
No questions arise under any other sec. conceded by the trunk lines as a Vermont, and was exported at Boston, now
z Pestions must notify parties of what ustice. On the other hand, while stops at Montreal, and is exported that way. is the longest and slowest, it could, IV. a. It is true that the Boston & Albany
Suite got to meet, otherwise interminable s, make the lower rate because its Company, and everybody else, has a standing i the great Lakes at Ogdensburgh before this Commission to complain. Butitis
po de Petition of the Vermont State Grange. Lyndon r rail line (118 miles) than the Bos- observable that this complaint does not come ny reached the great Lakes at Buf- from a shipper who complains of the rates at so because defendant's cars go West Ogdensburgh and St. Albans respectively. It ess they take freight at such rates comes from a competitor at points on the great
get. They maintain rates for east Lakes, and that is the real grievance. The ght. (See maps and Porteous' Mil. Boston & Albany care nothing about the rates tation)
at Ogdensburgh and St. Albans. Theirs is not oregoing applies to the Ogdensburgh a missionary duty. But the trouble is, they amplain Road as well as the Central want to get rid of their principal competitor
See auditor's statement as to earn for west bound traffic to competing polnts in through and local business.
the West. decision in the Louisvillle & Nash- But it has been generally supposed that the 1 Interstate Com. Rep. 278), com- object of the Interstate Commerce Law was to vers this case. That case announces encourage competition and to break down mo at when the competition is by for: nopolies instead of creating them; and so the ads or lines, competition is of itself Commission announced in the Louisville & ar circumstance. Also water lines. Nashville Case. cipal competitorsfor Boston west How often has it been held that he who seeks ffic are the Grand Trunk, via Port- equity must come into court with clean hands. the Canadian Pacific, via the South. Motives are material. Thus when a stock. also a Canadian corporation, and a holder of a private corporation buys the stock
by ocean carriage from Boston to of a rival corporation for the purpose of bring. nd thence by the Inter-Colonial to ing a suit to destroy the rivalry, he will not be and by the other water lines referred heard in a court of equity, when the question maps, answers and testimony. is one of discretion.
zetate rates. The Passumpsic Road | Ludlow, lly is this true by the all water line, 1 Pied field on Railways, 76.
York City, the 'Hudson River, the The author says:
de by the Central Vermont Road to Littleton, g. The rates from New York to defeating or injuring the company into which and Detroit are
they so intrude themselves, in order to raise 30 25 18 17 13. questions and disputes on matters as to which
Tork, New Haven & Hartford Rail. Meredith, ilwaukee and Chicago, all the other members of the company may be
% Terpont business are higher, dis Laconia, 30 25 20 18 16. agreed, I cannot consider that in such a case
emaindered, than the rates made by the Tilton, N tes of insurance are much less by this it is the province of the court ordinarily to in: s, via Ogdensburgh; so that in the ag. when there is a discretionary jurisdiction in whype of complaint. The tables sub- tral Vern he rate is 8 to 10 cents per hundred this court, circumstances adecting the cont. Cbittenden will show this. The of freigb by the Central Vermont Line of terfere. In questions of the law of contracts,
int points to Boston, which latter noticed ti less than on any other line. A vast dition of the contracting parties and the origin of New England business that used to of their rights in relation to the subject matter Ogdensburgh now goes by this route, of the contract deserve great consideration." e passage of the Interstate Commerce b. The second, third, and fourth sections of
the Interstate Commerce Law are merely de an necessary to go further. The Louis. I claratory of the common law. Udjusi di
. The rates charged compare most Swanton may with those of other porth and south
6. As The character of the country through Island, it Det roads run, the cost of construc: by the Ce
de cost of operation and the amount of of other support will
, of course, be remembered. per comparison can be made between
Roads and roads running through husetts, between Boston and New York, liete are numerous rival roads and lahe roads pass through large manufact
Burling! rall expense. The only fair test is to Bat roads , situated like the Central Ver
, and are operated at a compar. Waterbu
of Ogdensburgh Roads, and compare
. The St. Johnsbury &
Boston are less than the rates of either
aber Vermont lines. The rates Wentwor e Connecticut River Railroad and Plymouti
Temont Road from St. Albans and
C. As te
a that begin and end in Vermont are, I classes.
crimination was illegal at common law. So of course, of no consequence. A few illustra-
(which are the ones complained of).
CENTRAL VERMONT RAILROAD.
Rates per is reasonable? And that is the rule, and the
100 lbs. only guiding rule, under this statute, where Points.
Boston. 1st class. every case involves & question of law and Ogdensburgh
60 fact, and where every case depends on its own st. Albans,
55 The petitioners never have been able to Waterbury,
55 break down the defendant's line as a competitor Montpelier,
55 for through business. Is it reasonable that the Rutland,
30 instrumentality of the Interstate Commerce Ludlow,
30 Law should be used to accomplish that pur. White River Junction, 144
Miles to 100 lbs. tion. Petitions must notify parties of what Points.
Boston. 1st class. they have got to meet, otherwise interminable confusion arises on trial.
214 As to the Petition of the Vermont State Grange. Lyndonville,
46 A. Bradford,
40 The Rates to Boston, etc.
ST. J. & L. C. Road.
Miles to 100 lbs. great variety of reasons besides those enumer
Boston. 1st class. ated above. The rates charged compare most Swanton,
55 favorably with those of other north and south
6. As to the rates to Providence, Rhode
CENTRAL VERMONT ROAD.
Distances Rates 100
to Provi. lbs. 1st where there are numerous rival roads and
dence. class. where the roads pass through large manufact
270 uring districts, and are operated at a compar
240 atively small expense. The only fair test is to
169 their interstate rates. The Passumpsic Road
Distances Rates 100
to Provi. lbs, 1st Road to Boston are less than the rates of either
dence. of these roads for the same distances. The
58 rates made by the Central Vermont Road to Littleton, N. H.
53 The rates Wentworth, N. H.
40 made by the Connecticut River Railroad and Plymouth, N. H.
40 the New York, New Haven & Hartford Rail. Meredith, N. H.
36 Toad for Vermont business are higher, dis- Laconia, N. H.
36 lances considered, than the rates made by the Tilton, N. H. Central Vermont Road from St. Albans and C. As to the rates to New York, it will be other Vermont points to Boston, which latter noticed that the difference in favor of the Cenare the subject of complaint. The tables sub- tral Vermont is great on the first four classes mitted by Mr. Chittenden will show this. The of freight, and still greater on the last two local rates that begin and end in Vermont are, classes.
Tpose atte strument
vino rid rder to
as to Danf myp
such inarily as of contents risdictu; ing their
ud the case ubject matt Dsiderata th sectis te mere ”