The Birmingham age-herald., 1904-11-18

thority of the commissions or by direct statute maximum rates on various com modities have been prescribed, the ad- vances within the prescribed limits are not easily brought to- the attention of the commissions without direct complaint, un- less the changes in tariffs are required to be filed with the commissions in such a way as to attract attention. In the states in which the commissions have no authority to enforce the Observances of rates prescribed by them, there is no way of changing the advanced rate until a court has passed upon the question of whether or not lower rate is just and reasonable.
 We think 1t may be said that the gem eraI experience is that 1t is exceedingly difficult for an ordinary court to handle questions of this character. In the states In which the railroads are permitted to make their own rates under a classifica- tion subject to governmental supervision in a general way an advance in rates is easily effected. Many advances have been brought about by changing a commodity from a lower to higher class thus ne- cessarily producing an increase in the transportation charge. Some advances have been brought about by lacing upon the classification list articles which heretofore had been under commodity rates.
 
 rates, both interstate and local. have been advanced as the rate sheets of all the states and of the interstate commerce commission plainly show.
 Milling In Transit.
 It Is well that the attention of the mem- bers of this association should also be called to a character of rate which Is as- suming importance in the business of transportation and under which altera- tons in the local rates may be effected. We allude to the rate commonly known as the "milling-in-transit' rate. As the term implies, this rate arose from the privilege accorded by the railroads to the grain and milling interest of stopping the grain in the course of transportation at mill ing point and allowing further transpor- tation of the milled product under a through rate from the original point of shipment of the grain to the ultimate destination of the milled product, with a charge for the privilege of milling in transit. Originally this character of rate arose out of the shipment of grain from the grain fields of the west to Chicago or points farther east with stop-oper priv iliges for milling at Minneapolis or some other convenient milling point. and these rates were necessarily interstate rates.
 The fundamental idea upon which the millin-in-transit rate was based las, how
 
 other commodities besides grain For ex- ample, the carrying of cotton beyond a compress point on through rate. with the privilege of stopping over at the com press point for the purpose of being there handled. Again this rate has been applied to the dressing of rough lumber, and in Virginia 1t has been applied by the railroads to the cleaning of peanuts In cases in which a bill of ladng is issued from the pont of shipment of the crude ma terial to the destination of rle product with a stop-over or milling privilege for a certain period the contrast of shipment Is definite and clear charge being added to the regular rate for the stop-over or milling privilege. But the theory upon which this character of rate Is based has been so extended under the rulings of the interstate commerce commission as to embrace A movement of freight intend- ed for interstate shipment. although car ried forward on a local bill of lading to the milling point.
 Established Practice. If seems to be established that the pro- till of lading to the milling point, unload ed. milled, and even sold at tfat po'nt to other parties, then reccnsigned and carried on to the market of the product. And such a movement would be consid- cred interstate freight. The test of the Interstate movement necessarily must be that the goods shipped should start and proceed upon contract fo- through snip ment An indispensable element in every through shipment is certainly the contract for that through service. and that con tract should be evidenced by an agree ment between the two parties at the in-