Note 134 — Chapter XV · LONG-HAUL DECISIONS OF THE SUPREME COURT.

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.)