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ACT TO REGULATE COMMERCE. | as to free baggage until violation of Act is (INTERSTATE COMMERCE ACT.)
1. Mere desire for construction of Act is not sufficient to support proceeding charging
violation of section 4. Boston & A. R. R. Co. V. Boston & L. R. R. Co. 571.
charged. Re Order of Railway Conductors, 18, 62, 315, 371; Traders & Travelers Union v. Phila. & Reading R. Co. Id.
2. The Commission has no jurisdiction in a case presented involving agreement between 2. The Commission can not construe the Traders & Travelers Union and certain carAct before violation thereof. Re Theatrical riers, for allowance of extra free baggage to Rates, 18; Re Order of Railway Conductors, 18. Passengers presenting "baggage indemnity certificate" issued by such Union, under ar3. Explanation of design of Act as bear-rangement made prior to time when Act ing upon its construction. Address by Senator went into effect. Id. Cullom, 300.
4. While the Act authorizes the Commission BICYCLERS. to permit exceptions, it does not authorize it
Communication that bridge company to require exceptions. Thatcher v. Fitch-discriminates against bicyclers. Re Kenburg R. R. Co. 356. ton Wheel Club of Covington, 23.
BRIEFS AND NOTES.
Rules of construction.
BILL OF LADING. See COMMERCE, 52.
Where a bill of lading specifies the rate per ADJOURNMENT. See CONTINUANCE AND but does not state their weight, which was 100 pounds to be paid for goods carried
May be taken before any officer authorized to administer oath. Rule 12, Appendix I, 842.
AGENTS AND BROKERS. See COMMERCE, II, b; COMMERCIAL TRAVELERS. 1. Companies may forbid their agents to receive commissions for sale of tickets over other company's roads. Chicago etc. R. R. Co. v. Pennsylvania Co. 357.
2. The practice of paying commissions for such sales is not proper. Id.
3. A complaint by ticket broker, having no apparent interest in the transaction, will not be entertained. Ottinger v. Southern Pac.
R. R. Co. 607.
AMENDMENT. See PLEADING AND PRAC
readily ascertainable, the sum to be paid is
BRIDGES. See BICYCLERS.
1. Power to regulate commerce between States extends to erection of piers, bridges and all other instrumentalities of commerce which, in the judgment of Congress, may be necessary or expedient. Stockton v. Baltimore etc. R. R. Co. (U. S. C. Ct. N. J.) 411.
2. Act of Congress of June 16, 1886, authorizing construction of bridge across Staten Island Sound, known as Arthur Kill, is valid under power of Congress to regulate inetc. R. R. Co. (U. S. C. Ct. N. Y.) 434. terstate commerce. Id.; Decker v. Baltimore
BRIEFS AND NOTES.
Power of Congress to authorize foreign corSee COMMERCE, 41; LIVE poration to build bridge. (U. S. C. Ct. N. J.) 414, 426, 435.
ANSWER. See PLEADING AND PRACTICE, BROKERS. See AGENTS AND BROKERS.
CHARGES AND DISCRIMINATION. I. IN GENERAL.
II. DISCRIMINATION AGAINST LOCALITIES. a. Rules as to Rates.
b. Particular Localities.
III. TRANSPORTATION OF SPECIFIC ARTICLES. IV. REFUSAL TO FURNISH CARS.
V. REFUSAL TO AFFORD FACILITIES TO CONNECTING LINES.
VI. CARRIAGE OF PASSENGERS.
BRIEFS AND NOTES.
small and large towns, although the effect may be prejudicial to the latter. Crews v. Richmond & D. R. Co. 703.
13. The purpose of the Interstate Commerce Act requires that when circumstances will fairly admit of it, charges to all points for like service should be made relatively equal. Id.
14. When the reasonableness of rates is in question, charges on long through lines cannot offer a just basis for comparison with local rates for relatively short distances. ld. 15. A carrier is not responsible for
See LONG AND SHORT HAUL; RATES; TICKETS. rates made by connecting road merely
I. IN GENERAL.
1. Powers and procedure of the Commission. 408, 446.
because of its giving them in connection with its own rates to parties making through shipments. Id.
16. That a refusal to give a through
cially to the town desiring privilege, does not make the refusal an unjust discrimination, when the carrier applies the same rule to all towns. Id.
2. Section 1 requiring charges to be reason-rate as for one shipment operates prejudiable, and section 2, forbidding unjust discrimination, apply when exceptional charges are made under section 4, as they do in other cases. Re Southern R. & S. Asso. (Re Louisville & Nashville R. Co.) 278.
3. A variety of practical considerations must enter into making of freight rates and determine to a great extent whether rates are reasonable. Evans v. Oregon Railway & Navi gation Co. 641.
4. Railroad companies cannot be required to make freight rates upon mere conject
5. The burden of proving the exaction of unreasonable rates is on petitioner. Harding v. Chicago etc. R. R. Co. 375.
II. DISCRIMINATION AGAINST LOCALITIES. a. Rules as to Rates.
6. The relative reasonableness of rates from western points to Atlantic seaboard is governed by circumstances and conditions affecting traffic to points between which rates are given. Boston Chamber of Commerce
v. Lake Shore & M. S. R. Co. 754.
7. The length and character of the haul, the cost of the service, the volume of the business, and the conditions of competition, etc., are elements bearing upon such charges. Id.
8. Rates should be so relatively reasonable as to protect communities and business against unjust discrimination. Boards of Trade Union v. Chicago, M. & St. P. R. Co. 608.
9. A carrier operating parallel lines and accepting lower rates on one line should make corresponding charges on other line. Id.
10. When a railroad company in establishing its charges on the different branches of its road so adjusted them as to divert trade and business to one locality, such unreasonable preference for one place is not excused by the fact that the rates are the result of competition with other carriers. Raymond v. Chicago, M. & St. P. R. Co. 627.
11. An advantage given to a competing town on a main line must not be unreasonable.
12. It is not ground of complaint that railroad company equalizes its rates as between INTER S.
17. Discrimination must consist of allowing one party what is denied another. Id.
18. Carrier need not give the merchants of towns on its line the privilege of shipping their goods from the point of purchase to their own locality and from there to the place of sale of the goods, at the same rate as would have been charged from the point of purchase to the point of ultimate delivery. Id.
b. Particular Localities.
19. Beatrice, Neb.-Beatrice Board of Trade V. Union Pacific R. Co. et al. 701.
20. Biloxi in favor of New Orleans-Dunbar v. Louisville & Nashville R. Co. 592.
21. Boston-Boston Chamber of Commerce v. Boston & Albany R. Co et al. 354, 391, 462, 604.
22. There is no unjust discrimination in charging more to Boston than to New York in rates from Chicago. Id. 754. Export Trade of Boston, Re, 18, 23, 25; Fitchburg R. Co. 26. 23. Carriage by indirect route-Ketron v. Norfolk & Western R. Co. 483, 588.
24. Delaware-Fruits and vegetables-Delaware State Grange v. New York, Phila. & Norfolk R. Co. et al. 649.
25. Detroit, Mich.-Detroit Board of Trade v. Grand Trunk R. Co. 698, 701.
26. Hartford, Conn.-Water CommerceHartford & N. Y. Trans. Co. v. New York & New England R. Co. 314.
27. Hartwell, Ga.-McMullan v. Richmond & Danville R. Co. 483.
28. Hot Springs, N. C.-Hot Springs v. Western N. C. R. Co. 316.
29. Hudson, Minn.-Fulton v. Chicago, St. Paul, M. & O. R. Co. 375; Harding v. Same, 375.
30. Lincoln, Neb.-Lincoln Board of Trade v. Chicago, B. & Q. R. Co. et al. 647; Lincoln Board of Trade v. Southern Pacific R. Co. 647, 702; Lincoln Board of Trade v. Union Pacific R. Co. 702; Plummer v. Union Pacific R. Co. et al. 648.
31. Marshallville, Ga.-Slappey v. Central 46. Every carrier is held liable for correct R. Co. of Ga. et al. 675, 812. ness of weight and classification of freight re 32. Milwaukee, Wis.-Milwaukee Chamberceived so far as same can be practically ascer of Commerce v. Flint & Pere Marquette R. Co. et al. 774, 792.
33. Minneapolis, Minn.-St. Louis Millers' A880. Re, 22.
34. New Orleans, La.-Cotton-New Orleans Cotton Exchange v. New Orleans, Cincinnati &
Texas Pac. R. Co. 648.
35. Opelika, Ala., in favor of Montgomery and Columbus Columbus & Western R. Co. 314, 494; Harwell v. Columbus & Western R. Co. 494, 631; Re Opelika Board of Trade, 314, 494, 631.
36. Phillipstown and Brady's Bend-CoalAllegheny River Coal Producers Asso. v. Alle gheny Valley R. Co. 604.
47. Devices for evasion of Act commented on. Id.
48. Recommendations by Commission for regulations for detecting underbilling and of legislative action imposing penalty upon shippers guilty of underbilling. Id.
49. Coal rates-Ohio Coal Exchange v. Wis. consin Cent. R. Co. 793, 812; Rend v. Chicago & N. W. R. Co. 793, 812.
50. A discount allowed by a railroad company where consignments of coal in one year shall amount to 30,000 tons or upward is an unjust discrimination. Providence Coal Co. v. Providence & Worcester R. Co. 363.
37. Providence and East Providence, R. I.— A higher rate on coal from Providence than from East Providence is an unjust discrimina tion, and under the circumstances it is not permissible to make an additional charge because-Thatcher v. Fitchburg R. Co. 356. of inconvenience attending transaction of busi ness at East Providence. Providence Coal Co. v. Providence & Worcester R. Co. 316, 363.
51. Differences in rates per car load and less quantities-Ayres v. Union Pacific R. Co. 397; Classification of Railroad Freights, 317, 355. 52. Grain and flour from Schenectady, N. Y.
38. Walla Walla, W. T.-The Oregon Railway & Navigation Company is ordered to cease charging more than 23 cents per 100 pounds or $4.70 per ton on wheat transported by it on its lines from Walla Walla, Washing ton Territory, to Portland, Oregon, during the present grain season. Evans v. Oregon Rail way & Navigation Co. 314, 326, 641; Reed v. Same, 314, 328, 641.
III. TRANSPORTATION OF SPECIFIC ARTICLES. 39. The Commission should clearly see that duty requires an answer to the question, on exparte application, whether special privileges by a railroad to manufacturers in a single line of trade, and not to manufacturers generally, is consistent with the law, before it does so. Re Iowa Barb Steel Wire Co. 605.
40. Beer from Milwaukee-Stahl v. Oregon R. & Nav. Co. 314.
41. Car load classifications-Leggett v. Balti more & O. R. Co. 396; Thurber v. New York Central & H. R. R. Co. et al. 397, 684.
42. Cattle in Burton stock cars-Leonard v. Union Pac. R. Co. 472, 627.
53. Live stock from Covington, Ky.-Carriers cannot make the yards of a certain company their exclusive stock depot at a certain place, there being other stock yards near by charging lower rates. Keith v. Kentucky Central R. Co. et al. 316, 601.
54. Lumber-Railroad Ties-Classification of railroad ties in different class from other lumber is an unjust discrimination. Reynolds v. Western New York & P. R. Co. 600, 685; Reynolds v. New York & Phila. R. Co. Id.
55. Rates of carrier under desire to keep upon its line a material for which it has use or to
keep the price low for its own advantage cannot be justified. Id.
56. Lumber-Differences in rates between hewn and sawed lumber-Jackson v. St. Louis, Arkansas & Texas R. Co. 476, 599.
57. Lumber from Dalton, Ga.-Farrar v. East Tennessee, Va. & Ga. R. Co. et al. 600, 764.
58. Lumber from Fair Haven, Vt.-Griffith v. Delaware & Hudson Canal Co. 396, 483.
59. Meat products from Chicago—“Dressed Meat Cases," 294, 303, 314, 464.
60. Milk from Orange Co. N. Y.-Howell v. New York, L. E. & W. R. Co. 467; Re Milk Traffic, 24, 292, 315, 467.
61. Mineral water from Lansing, Mich.Michigan Congress Water Co. v. Chicago & G. T. R. Co. 797.
62. Pearline, classification-Pyle v. South Railway & Steamship A880. 486.
43. The expense of hauling the Burton cars in one direction unloaded, since by their construction they are not suited to carry general freight, and the fact that a large percentage of ordi-ern nary cattle cars are back loaded upon long hauls of western roads, are considerations which justify difference in charge against shippers who prefer to hire improved stock cars. Burton Stock Car Co. v. Chicago, Burlington & Quincy R. R. Co. 329.
44. Classification of freights and underbill ing-Commercial Exchange of Phila. v. Erie Despatch, 778, 821; Re Underbilling, 778, 813, 821; Walker v. Baltimore & O. R. Co. et al. 649.
45. Underbilling weights of freight, whereby one person pays less compensation for like services than another is written inhibition of Act. Re Underbilling, 813.
63. Pearline must be placed in fifth class freight in classification of Southern Railway & Steamship Association, and relative difference in rates on pearline and common soap must not exceed difference of sixty cents per 100 pounds on pearline and thirty-three cents on common soap. Pyle v. East Tennessee, Va. & Ga. R. Co. 600, 767.
64. Rates for carrying pearline and common soap to be maintained by Southern Railway & Steamship Association, stated. Id.
65. Statement of grounds of difference of classification of freight by railroad companies given. Id.
66. Petroleum oil-Brady v. Pa. R. Co. | fact that it could make more money by us649, 810; Nicolia v. Pa. R. Co. 649, 810; Rice ing its regular coal cars on another portion v. Western N. Y. & P. R. Co. 717, 792, 795, of its line. Id. 811; Rice v. Louisville & Nashville R. Co. et al. 354, 376, 443, 478-482, 722.
67. Terms for rolling stock for transporta tion of petroleum oil should be uniform and published with rate sheets. Rice v. Louisville &Nashville R. Co. 722.
68. If from peculiarity of traffic, carrier cannot supply such stock, and consignors supply it for themselves carriers must not allow its deficiences in this particular to be made means of putting at advantage those who make use in same traffic of facilities it supplies. Id. 69. Charge of transportation of oil in tank cars should be same as charged for transpor tation of barrel shipments of oil. ld.
70. That there are greater risks to carrier's property from such shipments does not justify greater charges therefor. Id.
71. Allowance can be made to owners of
tank cars for their use.
72. United States supplies-A carrier may make special rates with individuals to enable the latter to make proposals to the Interior Department for transportation of Indian supplies, such transportation being for the United States. Re Indian Supplies, 22.
85. That at certain time article can not be profitably shipped at existing tariff rate is not conclusive evidence that that rate is unreasonable. Id.
86. The N. Y., L. E. & W. R. Co., extending to Dayton, Ohio, by agreement being consid ered with C., C., C. & I. R. Co., extending from Dayton to Cincinnati, an initial road at Cincinnati, with the right to make rates to that place, Cincinnati must be treated as point upon line for the purpose of proceeding against the company for unjust discrimination Id. in furnishing coal cars.
87. Carrier, charged with unjust discrimination, may show that it made extra exertions in good faith to obtain cars for shipper from connecting line to whom shipper had to look for such cars.
O. R. Co. 701, 778.
Riddle v. Baltimore &
88. In absence of custom, carrier need not for his freight; it is the duty of the shipper to notify shipper that it can not obtain cars obtain this information for himself. Id.
89. Refusal to carry coal-Heck v. East Tennessee, Va. & Ga. R. Co. et al. 498, 775. 90. Transportation of lumber-Missouri & Southwestern R. Co. 292.
73. Wheat from Colfax, W. T.-McClaine | Ill. Tie & Lumber Co. v. Cape Girardeau & v. Oregon R. & Nav. Co. 395.
74. Wheat from Mazeppa, Minn.-Raymond v. Chicago, Milwaukee & St. P. R. Co. 474, 627. 75. Wheat from Minnesota towns-Boards of Trade Union v. Chicago, Milwaukee & St. P.
R. Co. 608.
IV. REFUSAL TO FURNISH CARS.
91. Dakota wheat--Holbrook v. St. Paul, Minneapolis & Manitoba R. Co. 315, 323. 92. Manitoba wheat-Derby v. St. Paul, Minneapolis & Manitoba R. Co. 315.
V. REFUSAL TO AFFORD FACILITIES TO CONNECTING LINES.
76. Rice v. Louisville & Nashville R. Co. 722. 93. Interchange of traffic-Western & At77. Refusing to furnish cars for transporta-lantic R. Co. v. East Tenn., Va. & Ga. R. Co. tion, when all cars are needed for trans- 488; Worcester Excursion Car Co. v. Pennsylportation of freight which has accumulat-vania R. Co. 811. ed along the line is not violation of Act. Riddle v. Pittsburgh & L. E. R. Co. 601, 688.
94. Burton Stock Car Company, which furnishes stock cars to shippers over railroad, does not exchange with or use cars belonging to others, and is not a connecting line entitled to equal facilities for interchange of traffic under section 3, par. 2, of Act. Burton Stock Car Co. v. Chicago etc. R. R. Co. 329.
nated against by refusal of railroad companies 95. Such company is not unjustly discrimito pay same rate of milage for its cars as for ordinary freight cars. Id.
of other railway companies used upon paying 96. Customary milage rate for freight cars company's line, and which payment is, by interchange of cars, practically equalized among different roads, is not the measure of payment for the use of cars belonging to other persons than railroad companies. Id.
97. Charges by receiver of railroad in relation to interstate commerce business must be reasonable and just; and there can be no discrimination as to rates, charges or facilities for or against two connecting steamship lines. Re Mallory (U. S. C. Ct. Fla.) 294.
98. Refusal to interchange freight-Crews v. Richmond & Danville R. Co. 490, 492, 703;
Kentucky & Ind. Bridge Co. v. Louisville &
99. Refusal to accept shipments of wheat unless billed to elevators-Milwaukee Chamber of Commerce v. Chicago, M. & St. P. R. Co. 795.
VI. CARRIAGE OF PASSENGERS. 100. It is an unjust discrimination to remove a colored passenger holding a first class ticket from a first class car, to a second class car, less clean and comfortable. Heard v. Georgia R. Co. 314, 719; Councill v. Western & Atlantic R. Co. 292, 355, 638.
101. The separation of white and colored passengers is lawful if the accommodations are equal in all respects. Id.
102. The Commission declines to proceed on the plaintiff's claim for damages, for injuries done in his violent removal from car, leaving him his remedy in the courts. Id. 638.
103. Twenty-five dollars per 1,000 miles is not unreasonable rate for milage ticket. As sociated Wholesale Grocers v. Missouri Pac. R. Co. 321, 393.
117. Complaint by ticket broker, having no apparent interest in transaction, alleging dis crimination in allowing transfers of return portions of tickets, will not be entertained. Ottinger v. Southern Pac. R. Co. 607.
118. The Commission will not make rules as to free baggage until violation of Act is Traders & Travelers Union v. Phila. & Readcharged. Re Order of Railway Conductors, 18; ing R. Co. 18, 62, 315, 371.
119. The Commission has no jurisdiction in a case presented involving agreement between Traders & Travelers Union and certain car
riers, for allowance of extra free baggage to certificate" issued by such Union under arpassengers presenting "baggage indemnity rangement made prior to time when Act went into effect. Id. 371.
BRIEFS AND NOTES.
Discrimination; general rule; against localities; against specific article; character, quantity, value of goods; classification; underbilling; competition; furnishing cars; connecting lines; express companies; stations;
104. Rate at which excursion or commu-yards; terminal facilities. Note, 859-867. tation tickets are sold does not entitle milage ticket purchaser to complain of unjust discrimination if charged a higher rate. Id.
105. A sale of milage tickets to commercial travelers at lower prices than they are sold to public generally, is an unjust discrimination. Id.; Larrison v. Chicago etc. R. R. Co. 369.
106. A release of liability by commercial travelers is not a good consideration for such discrimination. Id. 369.
107. Section 2 of Act prohibits giving of passes to particular persons, and the excep. tion allowed in section 22 in favor of officers and employees of road does not include the families of such persons. Ex parte Koehler (U. S. C. Ct.) 317.
108. In the absence of an actual case, the Commission will not pass upon the question of passes to the United States Fish Commission. Re U. S. Commission of Fish and Fisheries, 606. 109. Use of by Territorial Judge of Dakota. Tuttle v. Northern Pacific R. Co. 483, 588.
110. Complaint. Dexter v. Chicago, B. & Q. R. Co. 598.
111. Land explorers and settlers are not entitled to lower rates than the general public. Smith v. Northern Pac. R. R. Co. 611.
112. Rates may be reduced for religious teachers and as act of charity. Re Religious Teachers, 21.
113. Emigrants from Castle Garden, New York City. Savery v. New York Central & H. R. R. Co. 695; Savery v. Trunk Lines, 483.
114. Fares. Half rate. Re Inmates of Nat. Homes, 75.,
115. Passenger rates between Hot Springs and Arika, N. C. Hot Springs v. Western North Carolina R. Co. 316.
116. Tickets. Through passenger. Chicago & Alton R. Co. v. Pa. R. Co. 291, 293, 357.
Difference in cost of service so as to justify reasonable difference in rates. 725. Complainant has burden of proof. 724. Carriage of passengers. Note, 867. CLASSIFICATION
OF FREIGHT. See CHARGES AND DISCRIMINATION, 44-48. COLORED PERSONS.
1. It is an unjust discrimination to remove a colored passenger holding a first class car ticket from first class car to a second class Heard v.
car, less clean and comfortable.
2. The separation of white and colored passengers is not unlawful if the accommodations are equal in all respects. Id.
3. The Commission declined to proceed on plaintiff's claim for damages, for injuries done in his violent removal from car, leaving him his remedy in the courts. Id. 638. COMBINATIONS.
1. Any one member of a joint combination may file copies of joint tariff for all the members. Re Filing Copies of Joint Tariff, 76.
2. Complaint against Trunk Lines alleging combinations to exclude emigrant company from interviewing emigrants at Castle Garden, New York City. Savery v. Trunk
POWER OF CONGRESS.
II. STATE POWERS AND RESTRICTIONS.
b. License Tax upon Nonresidents.
c. Police Regulations.
d. Foreign Corporations.
LINES WHOLLY WITHIN STATE; CON-
BRIEFS AND NOTES.