texas
pac
ry
abilene
cotton
oil
argued
november
decided
february
david
duncan
john
dillon
winslow
pierce
thomas
freeman
plaintiff
error
hannis
taylor
defendant
error
justice
white
delivered
opinion
oil
company
defendant
error
sued
recover
alleged
shipments
car
loads
cotton
seed
made
september
october
line
defendant
road
various
points
louisiana
east
alexandria
state
abilene
texas
carrier
exacted
protest
oil
company
delivery
cotton
seed
payment
unjust
unreasonable
rate
exceeded
aggregate
sum
sued
reasonable
charge
moreover
averments
rate
exacted
discriminatory
constituted
undue
preference
amounted
charging
shorter
longer
haul
besides
general
traverse
railway
company
defended
ground
shipments
interstate
therefore
covered
act
congress
regulate
commerce
averred
rate
complained
one
fixed
rate
sheets
company
established
filed
published
posted
required
act
state
without
jurisdiction
entertain
cause
even
jurisdiction
without
disregarding
act
regulate
commerce
grant
relief
upon
basis
established
rate
unreasonable
found
interstate
commerce
commission
trial
made
findings
fact
relating
subject
establishing
filing
publishing
railway
company
rate
sheets
containing
rate
complained
follows
western
classification
committee
agent
representative
numerous
railways
defendant
filed
interstate
commerce
commission
known
western
classification
giving
classifications
different
articles
items
merchandise
cotton
seed
classed
joint
act
number
roads
defendant
adopted
said
joint
classification
may
southwestern
freight
committee
agent
number
roads
agent
defendant
filed
said
commission
supplement
numerous
roads
connection
defendant
whereby
rate
cotton
seed
points
louisiana
east
alexandria
fixed
cents
per
pounds
points
texas
points
louisiana
east
alexandria
west
alexandria
said
classification
said
rate
schedule
adopted
defendant
filed
said
freight
committee
said
interstate
commerce
commission
behalf
defendant
copies
said
schedule
said
tariffs
classifications
kept
office
said
defendant
said
points
shipment
said
abilene
freight
office
depots
inspection
public
admitted
plaintiff
admission
found
statement
facts
said
schedule
classification
nothing
filed
interstate
commerce
mission
behalf
defendant
way
classifications
schedules
rates
cotton
seed
points
road
louisiana
points
road
texas
facts
found
stated
following
conclusions
facts
found
show
interstate
shipment
facts
found
show
defendant
complied
interstate
commerce
law
said
rates
classifications
thereby
properly
established
force
except
rate
charged
cotton
seed
car
load
lots
unreasonable
excessive
find
rate
charged
defendant
established
interstate
commerce
law
nothing
conclusions
relates
averments
discrimination
undue
preference
greater
charge
shorter
longer
haul
subjects
may
assumed
considered
eliminated
course
trial
judgment
railway
company
controversy
came
disposed
civil
appeals
cause
taken
deemed
one
question
presented
decision
whether
consistently
act
regulate
commerce
power
grant
relief
upon
finding
rate
charged
interstate
shipment
unreasonable
although
rate
one
fixed
duly
published
filed
rate
sheet
rate
found
unreasonable
interstate
commerce
commission
opening
opinion
said
construction
pleadings
evidently
given
briefs
treating
presented
case
briefly
stated
action
appellant
damages
violation
alleged
commonlaw
right
appellee
demanded
coercively
collected
appellant
freight
charges
excess
reasonable
compensation
portation
number
car
loads
cotton
seed
town
cottonport
designated
towns
state
louisiana
city
abilene
state
texas
referring
findings
unreasonableness
charge
exacted
pointing
railway
company
cross
assignment
challenged
correctness
findings
trial
unreasonableness
rate
said
relieved
consideration
difficulties
discussed
cases
ascertaining
fact
therefore
squarely
us
questions
whether
state
shipper
cases
interstate
carriage
principles
common
law
accorded
relief
unjust
unreasonable
freight
rates
exacted
shall
relief
cases
denied
merely
unreasonable
rate
filed
promulgated
carrier
interstate
commerce
act
proceeding
elaborate
opinion
dispose
question
thus
stated
one
consideration
conclusion
reached
jurisdiction
grant
relief
existed
repugnant
act
regulate
commerce
applying
conclusions
findings
fact
relief
prayed
allowed
said
therefore
adopt
trial
findings
fact
applying
thereto
principles
law
deduced
reverse
judgment
render
judgment
appellant
favor
said
sum
excessive
freights
charged
together
interest
assigned
errors
addressed
exclusively
operation
act
regulate
commerce
upon
jurisdiction
entertain
controversy
power
event
afford
relief
oil
company
based
upon
alleged
unreasonableness
rate
circumstances
disclosed
take
consideration
subject
however
two
questions
must
disposed
first
insisted
without
jurisdiction
federal
question
presented
think
suffices
say
obviously
results
statements
previously
made
question
character
presented
pleadings
passed
upon
trial
expressly
necessarily
decided
also
essentially
involved
cause
us
second
urged
effect
act
regulate
commerce
upon
right
oil
company
recover
need
passed
upon
since
even
error
subject
committed
review
decision
regard
unnecessary
correct
legal
inference
drawn
facts
found
trial
adopted
appellate
result
railway
company
established
legal
schedule
rates
compliance
act
regulate
commerce
therefore
jurisdiction
right
afford
relief
affected
provisions
act
presently
stop
consider
whether
consequences
jurisdiction
right
recover
asserted
result
premise
well
founded
think
premise
either
shown
findings
unfounded
open
contention
record
premise
rests
upon
two
propositions
fact
findings
trial
show
rate
sheet
filed
joint
therefore
necessarily
relate
shipment
entirely
road
railway
company
contention
think
shown
findings
without
merit
since
findings
clearly
point
rate
sheet
filed
agent
defendant
railroad
adopted
constituted
rate
sheet
embracing
traffic
question
although
conceded
evidence
showed
schedule
rates
established
filed
interstate
commerce
commission
kept
stations
railway
company
public
inspection
oil
company
knowledge
fact
insisted
facts
found
justify
conclusion
compliance
requirements
act
regulate
merce
posting
established
schedule
think
contention
open
record
seen
trial
expressly
concluded
railway
company
complied
act
regulate
commerce
matter
filing
schedule
rates
appellate
opened
opinion
statement
course
trial
briefs
counsel
confined
issue
determination
question
effect
act
regulate
commerce
upon
rights
parties
manifestly
upon
assumption
correctness
conclusion
trial
compliance
act
conceded
parties
words
deciding
case
expressly
declared
course
argument
briefs
counsel
confined
case
issue
whether
right
recover
upon
hypothesis
schedule
rates
filed
published
think
open
contend
effect
declared
conceded
briefs
counsel
lawful
schedule
rates
non
constat
civil
appeals
evidence
treated
case
presented
might
considered
facts
relation
publication
schedule
affirmatively
found
facts
inevitably
compelling
conclusion
act
regulate
commerce
fully
complied
even
inference
sufficiently
sustained
findings
trial
appellate
adopted
thus
find
question
open
consideration
must
considered
conceding
correctness
conclusion
attempted
drawn
supposed
failure
post
thus
brought
underlying
proposition
case
effect
act
regulate
commerce
upon
claim
asserted
oil
company
presented
pressed
bar
question
takes
seemingly
aspect
jurisdiction
affected
act
regulate
commerce
right
relief
sought
ently
act
even
jurisdiction
existed
say
questions
seemingly
different
present
different
phases
fundamental
question
scope
effect
act
regulate
commerce
upon
right
shipper
maintain
action
law
common
carrier
recover
damages
exaction
alleged
unreasonable
rate
although
rate
collected
complained
rate
stated
schedule
filed
interstate
commerce
commission
published
according
requirements
act
regulate
commerce
duty
carrier
law
enforce
shippers
come
therefore
first
consideration
subject
without
going
detail
may
doubted
common
law
carrier
refused
receive
goods
offered
carriage
except
upon
payment
unreasonable
sum
shipper
right
action
damages
also
beyond
controversy
carrier
accepted
goods
without
payment
cost
carriage
agreement
price
paid
made
unreasonable
exaction
condition
delivery
goods
action
maintained
recover
excess
reasonable
charge
may
conceded
settled
even
receipt
goods
carrier
exorbitant
charge
stated
coercively
exacted
either
advance
completion
service
action
may
maintained
recover
overcharge
kent
com
note
smith
lead
cas
pt
ed
hare
notes
right
recover
sustained
clearly
within
principles
stated
conceded
act
regulate
commerce
many
words
abrogate
right
fofollows
contention
right
taken
away
act
regulate
commerce
rests
upon
proposition
result
accomplished
implication
testing
correctness
proposition
concede
must
guided
principle
repeals
implication
favored
indeed
statute
construed
taking
away
right
existing
date
enactment
unless
result
imperatively
required
say
unless
found
right
repugnant
statute
survival
right
effect
deprive
subsequent
statute
efficacy
words
render
provisions
nugatory
parties
concede
question
decision
directly
passed
upon
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persuasively
influenced
adjudications
courts
hence
mainly
rely
upon
text
act
regulate
commerce
existed
time
shipments
question
made
case
therefore
must
rest
upon
interpretation
text
act
measurably
one
first
impression
let
us
without
gogoing
detail
give
outline
general
scope
act
object
fixing
rights
intended
conserve
create
wrongs
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remedies
act
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accomplish
purposes
lawmakers
view
act
made
duty
carriers
subject
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charge
reasonable
rates
end
duty
imposed
establishing
publishing
schedules
rates
forbade
unjust
preferences
discriminations
made
unlawful
depart
rates
established
schedules
changed
authorized
act
departure
made
offense
punishable
fine
imprisonment
prohibitions
act
punishments
imposed
directed
carriers
shippers
person
directly
indirectly
machination
device
manner
whatsoever
accomplished
result
producing
wrongful
discriminations
preferences
act
forbade
made
duty
carriers
subject
act
file
interstate
commerce
commission
created
act
copies
established
schedules
power
conferred
upon
body
provide
form
schedules
penalties
imposed
establishing
filing
required
schedules
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endowed
plenary
administrative
power
supervise
conduct
carriers
investigate
affairs
accounts
methods
dealing
generally
enforce
provisions
act
end
made
duty
district
attorneys
direction
attorney
general
prosecute
proceedings
commenced
commission
enforce
compliance
act
act
specially
provided
whenever
common
carrier
subject
provisions
cause
done
permit
done
act
matter
thing
act
prohibited
declared
unlawful
shall
omit
act
matter
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act
required
done
common
carrier
shall
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person
persons
injured
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chap
comp
stat
power
conferred
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hear
complaints
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damage
asserted
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preference
given
carrier
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chicago
ed
sup
interstate
commerce
commission
baltimore
ed
inters
com
sup
act
regulate
commerce
intended
afford
effective
means
redressing
wrongs
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undue
preference
undoubted
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provide
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purposes
act
interstate
commerce
commission
cincinnati
ed
sup
apparent
means
great
purposes
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carriers
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establish
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cincinnati
interstate
commerce
commission
ed
inters
com
sup
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sup
general
scope
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inters
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commission
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lading
interstate
shipment
rate
less
established
provisions
act
regulate
commerce
arrival
goods
destination
carrier
refused
deliver
tender
payment
bill
lading
rate
demanded
payment
collected
higher
established
schedule
rate
carrier
proceeded
statute
state
texas
imposing
penalty
upon
carrier
charging
rate
fixed
bill
lading
judgment
state
enforcing
penalty
reversed
upon
ground
state
statute
applied
repugnant
act
regulate
commerce
saying
ed
sup
carrier
obey
one
statute
without
sometimes
exposing
penalties
prescribed
take
case
us
disregard
joint
tariff
lished
defendant
louis
san
francisco
railway
company
filed
interstate
commerce
commission
latter
company
matter
favoritism
issued
bill
lading
rate
less
tariff
rate
defendant
company
agent
delivering
goods
upon
receipt
reduced
rate
subject
penalties
national
law
hand
tariff
rate
insisted
upon
corporation
become
liable
damages
named
state
act
case
conflict
state
law
must
yield
texas
mugg
ed
sup
facts
follows
interstate
shipment
given
rate
less
lawful
schedule
rate
quoted
shipper
agent
railroad
point
shipment
arrival
goods
destination
road
exacted
schedule
rate
whilst
shipper
insisted
entitled
lower
quoted
rate
recovery
excess
collected
quoted
rate
allowed
state
texas
reversing
judgment
held
rate
fixed
schedule
filed
pursuant
act
regulate
commerce
controlling
beyond
power
carrier
depart
rates
favor
shipper
erroneous
quotation
rates
made
agent
railroad
justify
recovery
since
effect
enabling
shipper
whose
duty
ascertain
published
rate
secure
preference
shippers
contrary
act
regulate
commerce
view
binding
effect
established
rates
upon
carrier
shipper
expounded
two
decisions
referred
contention
made
adopted
necessitate
holding
cause
action
favor
shipper
arose
failure
carrier
make
agreement
agreement
made
carrier
shipper
guilty
criminal
offense
agreement
absolutely
void
impossible
enforcement
force
suggestion
like
dilemma
arises
recognition
power
commission
award
reparation
favor
individual
finding
body
rate
established
schedule
unreasonable
shown
wide
distinction
two
cases
commission
called
upon
complaint
individual
consider
reasonableness
established
rate
power
invoked
merely
authorize
departure
rate
favor
complainant
alone
exert
authority
conferred
upon
act
complaint
found
compel
establishment
new
schedule
rates
applicable
like
reasoning
applicable
granting
reparation
individual
establishment
new
schedule
wrong
endured
period
unreasonable
schedule
enforced
carrier
change
establishment
new
one
words
difference
two
one
hand
arise
destroying
uniformity
rates
object
statute
secure
enforcing
equality
statute
commands
insisted
however
cogent
may
views
previously
stated
control
following
provision
contained
act
regulate
commerce
viz
nothing
act
contained
shall
way
abridge
alter
remedies
existing
common
law
statute
provisions
act
addition
remedies
clause
however
reason
construed
continuing
shippers
right
continued
existence
absolutely
inconsistent
provisions
act
words
act
held
destroy
clause
concerned
alone
rights
recognized
duties
imposed
act
manifest
purpose
provision
question
make
plain
intention
specific
remedy
given
act
regarded
cumulative
propriate
statutory
remedies
existed
redress
particular
grievance
wrong
dealt
act
proposition
statute
construed
depriving
courts
generally
instance
shippers
power
grant
redress
upon
basis
established
rate
unreasonable
without
previous
action
commission
great
harm
result
argument
inconvenience
assails
wisdom
legislation
efficiency
affords
justification
interpreting
statute
destroy
even
however
case
liberty
depart
obvious
necessary
intent
statute
upon
considerations
expediency
admonished
suggestions
expediency
advanced
shown
record
justified
seen
although
act
regulate
commerce
force
many
years
appears
judicial
exposition
practical
execution
interpreted
applied
accordance
construction
give
result
uniform
construction
considered
harmful
public
interests
persuasively
demonstrated
fact
amendments
made
act
tended
repudiate
construction
contrary
direct
effect
strengthening
making
possible
imperative
provisions
act
requiring
establishment
rates
adhesion
carriers
shippers
rates
established
set
aside
pursuance
provisions
act
thus
act
approved
february
commonly
known
elkins
act
stat
chap
comp
stat
supp
although
enacted
since
shipments
question
yet
illustrative
wilful
failure
upon
part
carrier
file
publish
tariffs
rates
charges
required
act
regulate
commerce
acts
amendatory
thereof
strictly
observe
tariffs
changed
according
law
made
misdemeanor
also
made
misdemeanor
offer
grant
give
solicit
accept
receive
rebate
published
rates
concession
discrimination
closing
sentence
provided
follows
carrier
files
interstate
commerce
commission
publishes
particular
rate
provisions
act
regulate
commerce
acts
amendatory
thereof
participates
rates
filed
published
rate
carrier
officers
agents
prosecution
begun
act
shall
conclusively
deemed
legal
rate
departure
rate
offer
depart
therefrom
shall
deemed
offense
section
act
power
conferred
upon
interstate
commerce
commission
invoke
equitable
powers
circuit
enforce
observance
published
tariffs
concluding
shipper
seeking
reparation
predicated
upon
unreasonableness
established
rate
must
act
regulate
commerce
primarily
invoke
redress
interstate
commerce
commission
body
alone
vested
power
originally
entertain
proceedings
alteration
established
schedule
rates
fixed
therein
unreasonable
unnecessary
us
consider
whether
jurisdiction
afford
relief
right
asserted
repugnant
provisions
act
regulate
commerce
follows
said
erred
construction
gave
act
regulate
commerce
judgment
therefore
reversed
case
remanded
proceedings
inconsistent
opinion
footnotes
comp
comp