San Francisco Call, Volume 68, Number 69, 8 August 1890 — WON ITS POINT. [CHAPTER]

WON ITS POINT.

Decision in the Case of the Saa Bernardino

Board of Trade Against th . Atchison. Washington, Aug. 7.— The Interstate Commerce Commission announced its decision in the case of the San Bernardino Board of Trade against the Atchison, Topeka and Santa Fo and others in favor of the complainant. The complainant alleged that tho railroad company charged more on certain specified commodities from Missouri River points, St. Louis, Chicago, Cincinnati, Detroit aud New York to San Bernardino, than lor a longer distance over the same line to Los Angeles. The points deelded are briefly stated as follows:' Where the complaint alleges that a greater charge In the aggregate for the transportation of a like kind of property is made for a shorter than for a longer distance over the same line in the same direction, the shorter being included lv the longer, and that unlawful preference is thereby given one locality ' over another, it is held that the complaint is sufficient to put the I carriers on proof that the services were performed under such dissimilar circumstances as to justify the greater charge. Water competition which will justify tiie greater charge for the shorter distance by railroads must be actual. Possible competition will not justify such greater charge under tho provisions of the fourth section of the act to regulate commerce. The filing of schedule' rates with tho commission, as required by the . statute, raises no presumption as "to , the legality of such rates, and no omission or failure to challenge or disapprove the schedules of rates so filed can have the effect of making rates lawful which are unreasonable.