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within its powers in ordering the cancellation of the withdrawal and requiring the
carriers to conform to the prior order.^^

Awarding Reparation. — The interstate commerce commission has power to
determine the reasonableness of rates, and likewise it is authorized to award
reparation, and in both respects, where the reparation arises from a re-establish-
ment of rates, its conclusions, being administrative, are final and conclusive,
unless the commission has in some particular material to the controversy exceeded
its prescribed functions.^" Where the interstate commerce commission, in read-
justing freight rates, awarded reparation in certain cases involving rates on the
Pacific Coast, but omitted to award reparation in another case for the reason
that it involved an initial adjustment of territory or a very material readjustment
of territory from points within which it was deemed proper that dift'erentials
should be allowed on shipments eastward over the coast rates, such readjustment
of territory constituted a sufficient reason for the commission's action, which
was therefore conclusive.^ ^ Where an order of the interstate commerce commis-
sion, readjusting territory and providing for additional differentials, merely
awarded that Pacific Coast rates with their differentials as fixed by the commis-
sion continue until the new schedule from the particular zones should become
operative, and that the zone shippers were not entitled to the additional repara-
tion on account of shipments made previous to the order establishing the new
dift'erentials, such order, in so far as it denied reparation, did not constitute real
discrimination."*-

34. Notice. — Interstate Commerce ing from a change of rates by a carrier.
Comm. V. Brimson, 154 U. S. 447, 38 L- Judgment, 141 Fed. 1003, affirmed in In-
Ed. 1047, 14 S. Ct. 1135; Gulf, etc., R. Co. terstate Commerce Comm, v. Chicago,
V. Hefiey, 158 U. S. 98, 39 L. Ed. 910, 15 etc., R. Co., 28 S. Ct. 493, 209 U. S. 108,
S. Ct. 802. 52 L. Ed. 705.

35. Interstate Commerce Act, § fi, as 38. Louisville, etc., Railroad v. Inter-
amended March 2, 1889. Gulf, etc., R. state Commerce Comm., 195 Fed. 541.
Co. V. Hefley, 158 U. S. 98, 39 L. Ed. 39. Power of commission. — -Atchison,
910, 15 S. Ct. 802. See, also, Interstate etc., R. Co. v. United States, 232 U. S.
Commerce Comm. v. Cincinnati, etc., R. 199, 34 S. Ct. 291.

Co., 167 U. S. 479, 42 L. Ed. 243, 17 S. 40. Awarding reparation. — Fidelity

Ct. 896, affirmed and followed in Savan- Lumber Co. v. Great Northern R. Co.,

nah, etc., R. Co. v. Florida Fruit Exch., 193 Fed. 924, 113 C. C. A. 552, citing

167 U. S. 512, 42 L. Ed. 257, 17 S. Ct. Texas, etc., R. Co. v. Abilene Cotton Oit

998. Co., 204 U. S. 426, 51 L. Ed. 553, 27 S.

36. Presumption upon change of rates. Ct. 350, 9 Am. & Eng. Ann. Cas. 1075;
— Interstate Commerce Comm. v. Chi- Baltimore, etc.. R. Co. v. Pitcairn Coal
cago, etc., R. Co., 209 U. S. 108, 52 L. Co., 215 U. S. 481, 54 L. Ed. 292, 30 S.
Ed. 705, 28 S. Ct. 493. Ct. 164.

37. Louisville, etc., Railroad v. Inter- 41. Fidelity Lumber Co. v. Great
state Commerce Comm., 195 Fed. 541; Northern R. Co., 193 Fed. 924; 113 C.
Interstate Commerce Comm. v. Chicago, C. A. 552.

etc., R. Co., 28 S. Ct. 493, 209 U. S. 108, 42. Fidelity Lumber Co. v. Great

705, 28 S. Ct. 493. _ Northern R. Co.. 193 Fed. 924, 113 C.

There is no presumption of wrong aris- C. A. 552.



3765 INTERSTATE COMMERCE ACT. § 4147

§ 4147. Payment of Charges for Transportation. — Medium of Pay-
ment. — A carrier engaged in interstate commerce can not lawfully charge, collect,
or receive anything but money for transportation on its road since the enactment
of the Act of June 29, 1906, prohibiting any carrier from demanding, collect-
ing, or receiving a greater or less or different compensation for the transpor-
tation of persons or property, or for any service in connection therewith, than
that specified in its published schedule of rates.-* ^ It is expressly prohibited to
any carrier, unless otherwise provided, to demand, collect, or receive "a greater
or less or different compensation" for the transportation of persons or property,
or for any service in connection therewith, than the rates, fares, and charges
specified in the tariff filed and in effect at the time. It can not be supposed that
(his change was without a distinct purpose on the part of congress. The words
"or different," looking at the context, can not be regarded as superfluous or mean-
ingless. The words of the act, therefore, must be taken to mean that a carrier
engaged in interstate commerce can not charge, collect, or receive for transporta-
tion on its road anything but money.-*'* The legislative department intended that
all who obtained transportation on interstate lines should be treated alike in the
matter of rates, and that all who availed themselves of the services of the rail-
way company with certain specified exceptions, should be on a plane of equality.
Those ends can not be met otherwise than by recjuiring transportation to be
paid for in money, which has a certain value, known to all, and not in commodi-
ties or services, or otherwise than in money. ^•'' A state statute authorizing a rail-
way company incorporated under the laws of the state to issue transportation
in payment for printing and advertising must give way, so far as interstate trans-
portation is concerned, before the provisions of the act to regulate commerce
under which a carrier can accept nothing but money in exchange for interstate
transportation.'*^ Where a carrier receives a shipper's note in payment of freight
charges for shipments in interstate commerce, it receives a different compensa-
tion from that which the law authorizes, to wit, money, in violation of the
act.-*'

Payment in Advertising. — The acceptance of advertising by a carrier in lieu
of money in payment of interstate transportation furnished to the publisher,
his employees, and the immediate members of his and their families, violates
the provisions of the act to regulate commerce, the act prohibiting the furnishing
of interstate transportation for a less or different compensation than that speci-
fied in the carrier's published rates.-* ^

Payment of Existing Debt. — \Miere a carrier owes an ascertained sum of
money, which is a legally enforceable debt, it is not a violation of the Interstate
Commerce Act for it to pay such debt by carriage done for the creditor at its
legally established rates."*''

Release of Claim for Damages. — An interstate carrier can not make a valid
contract to issue annual passes for life in consideration of a release of a claim
for damages, since the enactment of the act, expressly prohibiting any carrier

43. Payment of charges.^Louisville, s. Ct. 272, affirming judgment in 163 Fed.
etc., R. Co. V. Mottley, 219 U. S. 467, 55 114

L. Ed. 297, 31 S. Ct. 265, 34 L. R. A., ^^ tt -f i c. . c i n \ n

N. S., 671, reversing decree 118 S. W. 982, J^'J^T^t ^^^^'' "'• ^""^^^'^^ ^'""'^ ^°-'

133 Ky. 652; Chicago, etc., R. Co. v. ^^^ ^^^- ^^"•

United vStates, 219 U. S. 486, 55 L. Ed. ^8. Payment m advertismg.— Chicago,

305, 31 S. Ct. 272. etc., R. Co. v. United States, 219 U. S.

44. Louisville, etc., R. Co. v. Mottley, '^«('. 55 L. Ed. 305, 31 S. Ct. 272, affirm-
219 U. S. 467, 55 L. Ed. 297, 31 S. Ct. ing judgment in 163 Fed. 114.

265, 34 L. R. A., N. S., 671. 49. Payment of existing debt.— Inter-

45. Chicago, etc., R. Co. v. United state ConmuTce Connn. -■. Chesapeake,
States, 219 U. S. 486. 55 L. Ed. 305, 31 etc., R. Co., 128 Fed. 59, decree modified
S. Ct. 272. Nev\^ York, etc., R. Co. v. Interstate Cnm-

46. Chicago, etc., R. Co. v. United merce Comm., 200 U. S. 361, 50 L. Ed.
States, 219 U. S. 486, 55 L. Ed. 305, 31 515, 26 S. Ct. 272.



§§ 4147-4149 CARRIERS. 3766

from demanding, collecting, or receiving "a greater or less or different compensa-
tion" for the transportation of persons or property, or for any service in con-
nection therewith, than that specified in its published schedule of rates."*^

§ 4148. Enjoining Enforcement of Rates. — The interstate commerce com-
mission having been given exclusive jurisdiction in the first instance to determine
reasonableness of interstate rates by the Interstate Commerce Act, shippers can
not maintain a suit in equity to prevent the filing of enforcement of a schedule
of rates, or a change to unjust or unreasonable rates, pending determination of
the reasonableness thereof by the commission/'^

Under Provision for Recovery of Damages. — Section 9 of the act pro-
vides that persons claiming to be damaged may make their complaint either to
the commission in the manner provided in the act, or by bringing suit on their
own behalf for the recovery of damages for which such carrier may be liable
under the provisions of the act in any district or circuit court of competent
jurisdiction ; and such persons shall not have the right to pursue both of these reme-
dies, and must elect which of the two methods of procedure herein provided for
they will adopt. This does not warrant the conclusion that it was the purpose
of congress to confer power upon courts primarily to relieve from the duty of
enforcing the established rate by finding that the same, as to particular persons,
was so unreasonable as to be unlawful, and to prevent its enforcement by injunc-
tion.-''"

§ 4149. Charges of Connecting Carriers. — Where No Joint Rate Es-
tablished. — Shipments over connecting lines must, under the Interstate Com-
merce Act take the lawfully established rate on each line where there is no
established joint rate.^^ The defendants, connecting carriers, operated a through
line from Kansas City to Spokane, and had filed a through rate on empty cars
traveling on their own wheels of ninety dollars per car in addition to freight
earned by the use thereof in transit. The defendants and the ^Missouri Pacific
Railroad Company operating a line from St. Louis to Kansas City had never
published a joint free rate on such cars from St. Louis to Spokane, nor was the
Missouri Pacific a party to any contract to transport the plaintiffs cars from St.
Louis to Spokane without charge other than the freight earned by such cars.
The defendants had no line between St. Louis and Kansas City, but contracted to
transport the cars from Kansas City to Spokane for a free rate. The fact that
this rate was contrary to the rates filed with the interstate commerce commission
having been discovered, the shippers were notified that the rate would not be
adhered to before the cars were shipped, and the defendants refused to deliver
the cars without payment of the schedule rate. The court held that there was no
authority for any rate on such shipment less than the joint rate from Kansas
City to Spokane plus the rate from St. Louis to Kansas City.^^

Duty to Establish Joint Rates. — One carrier is not compelled to make a
joint tarift rate with another carrier, but may insist u])on charging its local rates
for all transportation over its lines. ^^ Where two carriers owning connecting

50. Release of claim for damages.— 353, 27 S. Ct. 330, 9 Am. & Eng. Ann.
Louisville, etc., R. Co. v. Mottley, 219 Cas. 1075.

U. S. 467, 55 L. Ed. 297, 31 S. Ct. 265, 53. Connecting carriers.— Kansas, etc.,

34 L. R. A., N. S. 671, reversing 133 Ky. R. Co. v. Albers Conim. Co., 223 U. S.

652, 118 S. W. 9S2. 373, 56 L. Ed. 556, 32 S. Ct. 316, revers-

51. Enjoining enforcement of rates. — nig judgment 79 Kan. 59, 99 Pac. 819.
Atlantic, etc., R. Co. v. Macon Grocery 54. Coeur D'Alene, etc., R. Co. v. Union
Co.. 166 Fed. 206, 92 C. C. A. 114. Pac. R. Co., 49 Wash. 244, 95 Pac. 71.

52. Under provision for recovery of 55. Duty to establish joint rates. — Chi-
damages. — Atlantic, etc., R. Co. v. Macon cago, etc., R. Co. v. Osl^orne, 3 C. C. A.
Grocery Co., 166 Fed. -.^06. 92 C. C. A. 347, 52 Fed. 912; Coeur D'Alene, etc., R.
114, citing Texas, etc., R. Co. v. Abilene Co. v. Union Pac. R. Co., 49 Wash. 244,
Cotton Oil Co., 204 U. S. 426, 51 L. Ed. 95 Pac. 71.



Z7(i7 INTERSTATE COMMERCE ACT. • §§ 4149-4151

lines unite in a joint through tariff, they form for the connecting Hnes prac-
tically a new and independent line/'"'

Competing Carriers.— The only principle by which it is possible to enforce
the whole statute is the construction that competition which is real and substan-
tial, and exercises a potential influence on rates to a particular point, brings into
play the dissimilarity of circumstance and condition provided by the statute, and
justifies the lesser charge to the more distant and competitive point than to the
nearer and noncompetitive place, and that this right is not destroyed by the mere
fact that incidentally the lesser charge to the competitive point may seemingly
give a preference to that point, and the greater rate to the noncompetitive point
may apparently engender a discrimination against it.^"^

§§ 4150-4154, Interstate Commerce Commission — § 4150. In Gen-
eral. — The interstate commerce commission is a corporate body.""'^

Executive, Legislative or Judicial. — The interstate commerce commission
IS purely an administrative body.'''' It is true it may exercise and must exercise
quasi judicial duties, but its functions are defined, and, in the main, explicitly
directed, by the acts creating it, and it is not the final judge of its own jurisdic-
tion.^*^ The power given to the commission is the power to execute and enforce,
not to legislate. The power given is partly judicial, partly executive and admin-
istrative, but not legislative.'^i But see elsewhere. ''-

Creation and Organization. — By the eleventh section a commission is created
and established, to be known as the interstate commerce commission, and to be
composed of five commissioners, appointed by the president, by and with the ad-
vice and consent of the senate.'^-" \Miatever may be the power of congress, it did
not attempt to do more than to regulate the interstate business of common car-
riers, and the primary purpose for which the commission was established was to
enforce the regulations which congress had imposed.'^^

§ 4151. Salaries and Expenses. — The act to regulate commerce as amended
March 2, 1889, provides that all of the expenses of the commission shall be
allowed and paid on the presentation of itemized vouchers therefor approved by

56. New line established. — Chicago, etc., Interstate Commerce Comm. v. Brimson,
R. Co. V. Osborne, 3 C. C. A. 347, 52 Fed. 154 U. S. 447, 38 L. Ed. 1047, 14 S. Ct.
912; Coeur D'Alene, etc., R. Co. v. Union 1125.

Pac. R. Co., 49 Wash. 244, 95 Pac. 71. 60. Interstate Commerce Comm. v.

57. Competing carriers. — "We say Humboldt Steamship Co., 224 U. S. 474,
'seemingly' on the one hand and 'appar- 56 L. Ed. 849, 32 S. Ct. 556.

ently' on the other, because in the sup- 61. Interstate Commerce Comm. v.

posed cases the preference is not 'undue,' Cincinnati, etc., R. Co., 167 U. S. 479, 42

or the discrimination 'unjust.' This is L. Ed. 243, 17 S. Ct. 896, affirmed and

clearly so when it is considered that the followed in Savannah, etc., R. Co. v.

lesser charge, upon which both the as- Florida Fruit Exch., 167 U. S. 512, 42 L.

sumption of preference and discrimina- Ed. 257, 17 S. Ct. 998; Texas, etc., R. Co.

tion is predicated, is sanctioned by the v. Interstate Commerce Comm., 162 U.

statute, which causes the competition to S. 197, 40 L. Ed. 940, 16 S. Ct. 666.

give rise to the right to make such les- 62. Under Amendment of 1906.— See

ser charge." East Tennessee, etc., R. ante, "Under Amendment of 190f)," § 4062.

Co. V. Interstate Commerce Comm., 181 63. Creation and organization.— Inter-

U. S. 1, 45 L. Ed. 719, 21 S. Ct. 516, state Commerce Comm. v. Brimson, 154

quoted in Interstate Commerce Comm. v. U. S. 447, 38 L. Ed. 1047, 14 S. Ct. 1125;

Southern R. Co., 117 Fed. 741. In*-erstate Commerce Comm. v. Cincin-

58. Interstate commerce commission. nati, etc., R. Co., 167 U. S. 479, 42 L-
— Texas, etc., R. Co. v. Interstate Com- Ed. 243, 17 S. Ct. 896, affirmed and fol-
merce Comm., 163 U. S. 197, 40 L. Ed. lowed in Savannah, etc., R. Co. v. Florida
940, 16 S. Ct. 666. Fruit Exch., 167 U. S. 512, 42 L. Ed. 257,

59. Executive, legislative or judicial. — 17 S. Ct. 998. See, also, Texas, etc., R-
Interstate Commerce Comm. v. Huml)oldt Co. v. Interstate Commerce Comm., 162:
Steamship Co., 224 U. S. 474, 56 L. Ed. U. S. 197, 40 L. Ed. 940, 16 S. Ct. 666.
849, 32 S. Ct. 556; Cincinnati, etc., R. 64. Harriman v. Interstate Commerce
Co. V. Interstate Commerce Comm., 162 Comm., 211 U. S. 407, 53 L. Ed. 253, 29
U. S. 184, 40 L. Ed. 935, 16 S. Ct. 700; S. Ct. 115.



§§ 4151-4153 ' carrie;rs. 3768

the chairman of the commission. The appropriation act of the same date pro-
vides that hereafter expenses of the interstate commerce commission shall be
audited by the proper accounting officers of the treasury .^-^ Money expended by
the secretar}^ of the interstate commerce commission for sending telegrams, if
done at the request of the commission, shall be allowed and paid on the presenta-
tion to the proper accounting officers of the treasury of itemized vouchers there-
for, approved by the chairman of the commission. The rules requiring copies
of telegrams concerning business of the commission to accompany these vouchers
for which credit is asked may be disregarded by the secretary, the commission
holding that such messages are so far confidential as to justify refusal to dis-
close their contents, and that the requirement for the production is unrea-
sonable.*"'^

§ 4152. Rules. — If the commission does have the power, of its own motion,
to promulgate general decrees or orders which thereby become rules of action to
common carriers, such exercise of power must be confined to the obvious pur-
poses and directions of the interstate commerce statute. Congress has not seen
fit to grant legislative powers to the commission.*^"^ In an action for labor and
material in constructing grain doors for box cars used in transporting grain, there
being no allegation as to when a rule relied upon by defendant was adopted by
the interstate commerce commission, it will not be presumed to have been adopted
before the grain doors were furnished."'^

§§ 4153-4154. Powers and Duties— § 4153. In General.— The com-
mission is charged with the general duty of inquiring as to the management of
the business of railroad companies, and to keep itself informed as to the manner
in which the same is conducted, and has the right to compel complete and full in-
formation as to the manner in which such carriers are transacting their business.
And wdth this knowledge it is charged with the duty of seeing that there is no
violation of the long and short haul clause; that there is no discrimination be-
tween individual shippers, and that nothing is done by rebate or any other device
to give preference to one as against another ; that no undue preferences are given
to one place or places or individual or class of individuals, but that in all things
that equality of right, which is the great purpose of the interstate commerce act,
shall be secured to all shippers. It must also see that that publicity, which is
required by § 6, is observed by the railroad companies. Holding the railroad
companies to strict compliance with all these statutory provisions and enforce
obedience to all these provisions tends to both reasonableness and equality of
rate as contemplated by the interstate commerce act.'^^ But its powers are not
very clearly defined in the act, nor is its method of procedure very distinctly
outlined. '^*^'

Conformity to Statute. — The acts of the interstate commerce commission
in the exercise of its administrative functions must, in order to be effective,
strictly conform to those provisions and requirements of the statute by which
its authority is prescribed and defined."^ ^

65. Salaries and expenses. — United terstate Commerce Comm. v. Cincinnati,
States V. Moseley, 187 U. S. 322, 47 L. etc., R. Co., 167 U. S. 479, 42 L. Ed. 243,
Ed. 198, 32 S. Ct. 90. 17 S. Ct. 896. See Interstate Commerce

66. United States v. Moseley, 187 U. S. Comm. v. Brimson, 154 U. S. 447, 38 L.

322, 47 L. Ed. 198, 32 S. Ct. 90. ^^„^^^^' ^^ ^\^^- l^^^^A r , , ,

„' _ , ^ , -n r^ T ^ 70. Texas, etc., R. Co. v. Interstate

67. Rules.-Texas, etc., R Co ^'. Inter- Commerce Comm., 162 U. S. 197, 40 L.
state Commerce Comm., 162 U. S. 19/, -g^_ ^^^ ^g g ^t. 666.

40 L. Ed. 940, 16 b. Ct. 666. yj_ Conformity to statute.— American

68. Hanks v. Missouri Pac. R. Co., 92 Sugar Refin. Co. z: Delaware, etc., R. Co.,
Neb. 594, 138 N. W. 750. 207 Fed. 733, reversing judgment 200 Fed.

69. Powers and duties in general. — In- 652.



3769 INTERSTATE COMMERCE ACT. § 4154

§ 4154. Particular Powers. — To Enforce Act. — By § 12 it is provided
that "the commission is hereby authorized and required to execute and enforce
the provisions of this act.'"^^ Upon the request of the commission, it shall be
the duty of any district attorney of the United States to whom the commission
may apply, to institute in the proper court and to prosecute under the direction
of the attorney general of the United States all necessary proceedings for the
enforcement of the provisions of this act and for the punishment of all violations
thereof, and the costs and expenses of such prosecution shall be paid out of the
appropriation for the expenses of the courts of the United States."^'^ But under
this section as it stood up to February 19, 1903, there was no authority or right
in a district attorney of the United States, under the direction of the at-
torney general, to bring a suit upon a request made by the interstate commerce
commission to do so, in order to compel compliance with the provisions of the
act to regulate commerce, and to enjoin as a violation of the act to regulate
commerce, complained of in the amended bill, an asserted discrimination between
localities by a common carrier subject to the act, averred to operate an unjust
preference or advantage to one locality over another.'^'! But since power to
prosecute a suit like the one now under consideration is expressly conferred by
an act of congress adopted since this cause was argued at bar, that is, the act
"To further regulate commerce with foreign nations and among the states," ap-
proved February 19, 1903, the ends of justice will best be served by reversing
the decrees below refusing to sustain the demurrer and remanding the cause to
the circuit court for such further proceedings as may be consistent with the act
to regulate commerce as originally enacted and as subsequently amended, espe-
cially with reference to the powers conferred and duties imposed by the act of
congress approved February 19, 1903.'^^

To Prescribe Rates. — The act to regulate commerce endows the commission
with plenary administrative power to supervise freight tariffs, and charges it
with the duty to annul any tariff's in contravention of such act, and generally to
enforce the provisions thereof. It also evinces a clear purpose to require ship-
pers seeking reparation predicted upon the unreasonableness of .a published rate
to primarily invoke redress through the Commission, which alone is vested with
power to entertain original proceedings for the alteration of such established
schedule, notwithstanding that, §§ 9 and 22 of such act seemingly give the ag-
grieved party the option of bringing suit in the first instance in the district court
to recover damages for violation of the provisions of said act."^"^

72. Particular powers. — Interstate Com- before the commission concerning the
merce Comm. v. Cincinnati, etc., R. Co., matters of fact complained of, and there-
167 U. S. 479, 42 L. Ed. 243, 17 S. Ct. fore no finding of fact whatever was made
896, affirmed and followed in Savannah, by the commission, and it had issued no
etc., R. Co. V. Florida Fruit Exch., 167 order to the carrier to desist from any
U. S. 512, 42 L. Ed. 257, 17 S. Ct. 998; violation of the law found to exist, after
Interstate Commerce Comm. v. Brimson, opportunity afforded to it to defend, un-
154 U. S. 447, 38 L. Ed. 1047, 14 S. Ct. der such circumstances, the law officers
1125; Texas, etc., R. Co. v. Interstate of the United States at the request of
Commerce Comm., 162 U. S. 197, 40 L- the commission were not authorized to
Ed. 940; 16 S. Ct. 666. institute this suit. Missouri Pac. R. Co.

73. Duty of district attorney. — Section v. United States, 189 U. S. 274, 47 L. Ed.



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