American Sugar Refining Co. v. Delaware, L. & W. R.

Citations

• 207 F. 733
• 1913 U.S. App. LEXIS 1655

Syllabus

<p>1. Commerce (§ 85*)—Interstate Commerce Commission—Procedure.</p> <p>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 statutes by which its authority is prescribed and defined, and this is especially true as to those provisions relating to rate-making and rate-changing.</p> <p>[Ed. Note.—For other eases, see Commerce, Cent. Dig. § 138; Dec. Dig. § 85.*]</p> <p>2. Carriers (§ 30*)—Interstate Commerce Act—Construction and Operation—Rates.</p> <p>Under the specific and mandatory provisions of section 6 of the Interstate Commerce Act Feb. 4, 1887, c. 104, 24 Stat. 380 (U. S. Comp. St. 1901, pi 3156), as amended by Act June 29, 1906, c. 3591, | 2, 34 Stat. 580 (U. S. Comp. St. Supp. 191.1, p. 1289), which make it the indispensable duty of an interstate railroad carrier to file and publish schedules of all' rates and any rules and regulations which in any wise “change, affect, or determine any part or the aggregate of such aforesaid rates,” and prohibit it from charging or receiving any greater or less or different compensation than specified m such schedules, from extending to any shipper any privilege or facilities “except such as are specified in such tariffs,” and from making any change in such rates except by plainly changing the schedules or filing or publishing new ones, after 30 days’- notice, on the delivery of goods for carriage by a shipper, he has a contract right to the rates named in the schedule at the time on file and published, and to the benefit of all privileges and facilities specified therein which enter into such published rates.</p> <p>[Ed. Note.—For other cases, see Carriers, Cent. Dig. § 81; Dec. Dig. § 30.*]</p> <p>3. Commerce (§ 85*)—Interstate Commerce Commission—Power to Change Rates—Procedure.</p> <p>The Interstate Commerce Commission has no power to annul or change a rate, regulation, or practice estab