Los Angeles herald., 1907-08-04

whatever by any person or corpora
tion calculated to impair uniformity,
and may enforce such prohibitions
by such penal provisions. as congress
may deem requisite.
The defendant maintains that the
Interstate commerce commission law
does not apply to the Atoms cqhnec-
tion with the transportation of the
defendants property inasmuoh as the
road it operates lies wholly in the
state of Illinois. The theory Is that
the haul by the Chicago Terminal
company from Whiting across the
Illinois line to Chappell, and the haul
by the ST. Louis terminal from East
ST. Louis across the Missouri line to
St Louis are each interstate and
therefore subject to federal control,
but that the Alton n6company's inter-
state haul of the same property from
Chappell to East st. Louis is beyond
the reach of federal authority.
Contention Not Valid
The trouble with this contention is
that it ignores the basic proposition
underlying the whole question and
confuses the interstate character of
the carrier with the interstate char
acter of the commerce in which the
primary test is whether the commod-
ity to be transported is to pass from
one state into another If 1t does so
pass, then 1t Is interstate commerce,
regardless of whether the rails over
which it moved be operated by one
or many carriers. And when this
commodity begins to move, Interstate
commerce has begun and interstate
commerce it continues to be until 1t
reaches it's destination.
If In such continuous line there be
a road lying wholly within county
In a state, the carrier operating such
road, in respect to the movement OF
that commodity, is engaged In inter
state commerce, as clearly as II It's
line extended from the origin to the
destination of the shipment, and Is
therefore as to such transportation
subject to federal control.
To adopt the views contended for
by the defendant namely, that con-
gress may prescribe the rate which
the shipment must pay for the move
ment from Whiting to Chappell and
from East St. Louis to st. Louis, and
that the legislature of Illinois may
prescribe the rate effective upon lines
connecting these two ends of the
route travelled by the commodity
would be to create situation I'M
possible in practice as 1t Is Illogical
in theory.
No Common Arrangement
IT was insisted by the defendant
that evidence did not show any COM
mon ARRANGEMENT by the Chicago Ter
minal company for a continuous cart
age from Whiting to East ST. Louis,
as charged in the indictment; the evil
dence did snow the publication of
Joint tariff schedule of the Chicago
& Alton and Chicago Terminal COM
panies, putting in force from Whiting
to East St. Louis the 1S-cent rate,
shown by the tariff to be the Chicago
ST. Louis rate.
Furthermore these two companies
maintained a joint agency at the IN
tersection of their roads at Chappell
for the transa ction of the business or
both at that point which consisted
largely of the Standard OIL traffic
from Whiting to East st. Louis. In
addition to this the evidence shows
the movement of the defendants
property by the Chicago Terminal
company, that company not looking
to the defendant for its compensation,
but relying solely upon the Alton COM
pany therefor. The whole course or
business from the publication and fill
ing of joint schedule to the payments
of the freight charges shows that
these two companies were operating
under a common arrangement for the
Transportation of this property.
The defendant also contends that
inasm1rch as the name Chappell does
not appear upon the schedules there
was no lawful rate between Chappell
and st. Louis. The evidence does
show, however, that tariff No. "a
named the rate to East st. Louis from
Chicago and suburban stations within
the Chicago switching district, includ-
ing the station Immediately behind
Chappcll from Chicago. Moreover,
upon the face of the Alton-Chicago
Terminal joint schedule appeared the
following:
"Agents are strictly forbidden to
quote or use a higher rate for
shorter than for a longer distance
over the same line in the same direc-
ton. the same being entirely included
within the longer distance
Indicates Rate
This would seem to clearly exhibit
the rate from Chappell. Certainly 1t
would be an ample notification to any
shipper consulting the schedule in
good faith to learn the lawful rate.
The defendant claims that the evil
dence fails to sustain the charge in
the indictment that the Alton COM
pany was engaged in the transporta-
tion of property from Chappel to st.
Louis, and that it had published and
filed schedules putting the rate in
force between said points TO 1917
cents. AS before observed, the Alton
company filed and published tariff No.
"a showing a rate of IS cents from
Chappell to- East st. Louis. The evil
dence so shows that the Alton com
pany procured copies of the tariff
schedules Of the st. Louis Terminal
companies, showing the rate to be 1h
cents from East st, Louis to st.
Louis, and filed the schedules in its
own name with the interstate COM
merce commission.
Having thus published and filed the
rate and having actually seen to 1t
that the property reached its st. Louis
destination, as its general charter
power authorized 1t to do, and as the
defendant looked to it to do, and paid
for doing, the court is of the opinion
that the evidence clearly shows that
the Alton company was possessed OF
a railroad route from Chappell to st.
Louis over which 1t had established
a rate for the transportation of oil
as required by law.
If carrier enters the field for
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